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Notice & redundancy

The National Employment Standards minimums when employment ends: how much notice of termination the employer must give (or pay in lieu), and how many weeks of redundancy pay apply, including the over-45 bonus week, the excluded employment categories and the small-business exemption. Awards, agreements and contracts can add more; they can't give less.


The situation

Results update as you go

yrs
mths
wks
Work it out from dates instead
yrs
mths
wks
yrs
45 or over with 2 or more years' service adds a week to the employer's notice
staff

Minimum notice

0weeks

The employer must give this much written notice, or pay the employee what they'd have earned working it out

NES redundancy pay

0 weeks' pay At the base rate for ordinary hours

How the rules apply here

The scales & rules behind this calculator
  • Notice (s 117 Fair Work Act): Up to 1 year of service means 1 week's notice, 1 to 3 years means 2 weeks, 3 to 5 years means 3 weeks, and more than 5 years means 4 weeks. An employee who is 45 or over with at least 2 years' service gets one more week, but only on notice the employer gives
  • Who the notice rules don't cover: Casuals; fixed-term, task or season employees; trainees on a fixed training agreement; daily-hire employees in building and construction or the meat industry; seasonal weekly-hire meat employees; and anyone dismissed for serious misconduct
  • Who redundancy pay doesn't cover: Employees with under 12 months' continuous service; casuals; fixed-term, task or season employees; apprentices; trainees; and employees of a small business (fewer than 15 employees, counting associated entities and regular casuals). An award's industry-specific redundancy scheme can still apply
  • Counting service for redundancy pay: Unpaid leave is left out, unless it is community service leave or a period the employer has agreed will count
Continuous service (redundancy)Weeks' pay (s 119)
1–2 years4
2–3 years6
3–4 years7
4–5 years8
5–6 years10
6–7 years11
7–8 years13
8–9 years14
9–10 years16
10+ years12 (the scale steps down at 10 years)

General information only. These are the NES floors; the applicable award, enterprise agreement or contract may provide more (and industry redundancy schemes can override the small-business exemption). This isn't legal, financial or BAS advice. Digit Business Advisors are registered BAS agents. talk to us, or check fairwork.gov.au, before finalising a termination.

Common questions about Notice & Redundancy Entitlements Calculator

Under section 119 of the Fair Work Act 2009, National Employment Standards redundancy pay starts at 4 weeks for at least 12 months of continuous service, rises to a maximum of 16 weeks at 9 to 10 years, then steps down to 12 weeks for 10 or more years. It is paid at the employee's base rate of pay for ordinary hours.
Employers with fewer than 15 employees, counted at the time notice is given and including regular casuals and employees of associated entities, are generally exempt from National Employment Standards redundancy pay. Some awards, such as in building and construction, contain industry-specific redundancy schemes that apply despite the small business exemption.
The National Employment Standards minimum is 1 week of notice for up to a year of continuous service, 2 weeks for 1 to 3 years, 3 weeks for 3 to 5 years and 4 weeks beyond 5 years, plus 1 extra week when the employee is 45 or older with at least 2 years of service. Notice can be worked out or paid in lieu.
No. Casual employees are excluded from both the notice of termination and redundancy pay provisions of the National Employment Standards. Fixed-term, task and seasonal employees, and trainees on fixed training agreements, are also excluded, although an award, enterprise agreement or contract can provide more generous terms.