Minimum notice period in Australia: employer guide
Find employer notice periods by years of service, see worked examples and check dismissal versus resignation. Includes a free NES notice calculator.
Under the NES, the minimum notice given by an employer is generally 1 week for up to 1 year of service, 2 weeks for more than 1 and up to 3 years, 3 weeks for more than 3 and up to 5 years, and 4 weeks for more than 5 years. Employees over 45 with at least 2 years of service receive an additional week.
How much notice do you need to give?
Start with the employee’s continuous service on the day you give notice. This table covers employer-initiated termination under the National Employment Standards (NES).
| Continuous service | Minimum notice |
|---|---|
| Up to 1 year | 1 week |
| Over 1 year, up to 3 years | 2 weeks |
| Over 3 years, up to 5 years | 3 weeks |
| Over 5 years | 4 weeks |
Over 45 with at least two years’ service? Add one week. Being exactly 45 does not meet the age condition.
Then check the award, agreement and contract for a longer requirement. Find the award to check.
Source: Fair Work’s notice and redundancy fact sheet.
Calculate the NES notice period →Free result. No signup needed.
Two examples
Age 38, two years’ service: the NES starting point is two weeks.
Age 46, four years’ service: three weeks plus the age-based extra week gives four weeks.
Both examples assume the employee is entitled to NES notice and no longer requirement applies.
Dismissal, resignation and final pay
How much notice does an employee give when resigning?
Use the employee’s award, agreement and contract—not the employer dismissal table above. These can set different resignation requirements. For award- and agreement-free employees, check the contract and whether reasonable notice applies. Casual employees do not have to give resignation notice.
Check Fair Work’s resignation guidance ↗Does notice still apply during probation?
Yes, where the employee is entitled to NES notice. Probation alone does not remove that entitlement. For example, a permanent employee with six months’ service generally receives one week, unless a longer requirement or an exception applies.
Check notice during probation ↗Can an employer pay instead of having notice worked?
Yes. Payment in lieu covers the full pay the employee would have received during the notice period, including applicable loadings, allowances and other pay components. Notice pay is separate from redundancy pay and accrued leave.
Check payment in lieu of notice ↗Do casual or fixed-term employees get NES notice?
Casuals are excluded from NES notice. Certain specified-period, task or seasonal arrangements are also excluded. Do not assume every early termination of a fixed-term contract has the same outcome: check the arrangement and contract. Serious misconduct and some other employment categories have separate rules.
Check the notice exceptions ↗Planning a redundancy? Work out redundancy separately from notice.
An award, registered agreement or employment contract can require more notice. Casuals, certain fixed-term employees, serious misconduct and other statutory exceptions need separate treatment.
Work through it in this order.
Identify the employment type
Confirm whether the employee is permanent, casual, fixed term, daily hire, an apprentice or covered by another exception.
Calculate continuous service
Use the service completed when notice is given and check whether prior service or a transfer of business affects the calculation.
Check age and instruments
Add the over-45 entitlement where it applies, then compare the NES result with the award, agreement and contract.
Give written notice or payment
Record the last day in writing. Payment in lieu must reflect the full pay the employee would have received during the minimum notice period.
What employers often miss.
- Notice during probation usually still applies.
- Notice and redundancy are separate entitlements.
- Final pay may also include wages, annual leave and other amounts.
Check the primary guidance.
Open any source, or first have HR OK email you the practical employer checklist for this issue.
↗Official pages can change. HR OK monitors legislation and source updates, but the facts of the particular workplace still matter.