Notice period

Australia's notice period requirement establishes the minimum advance warning an employer must provide before terminating an employee's employment. Under the National Employment Standards, employers must give up to four weeks' notice on termination. However, employees aged over 45 who have been in their role for at least two years are entitled to an additional week of notice, bringing the total to five weeks.

These requirements are enshrined in the Fair Work Act 2009 and administered by the Fair Work Commission. The standards apply to all national system employees and represent the floor below which enterprise agreements and individual contracts cannot fall.

From 26 August 2024, the Fair Work Commission's powers expanded to cover gig workers, contractors, and casual employees in certain circumstances. This statutory change broadens the scope of protections previously limited to permanent and fixed-term employees, though notice period obligations for these worker categories remain subject to specific legislative provisions.

Employers must provide written notice within the prescribed timeframes before the termination date takes effect. The notice period allows employees reasonable opportunity to seek alternative employment. Failure to provide adequate notice may expose employers to unfair dismissal claims or breach of contract proceedings.

Payroll and HR teams must track employee age and tenure to determine whether the standard four-week or extended five-week notice applies. Documentation of notice delivery is essential for compliance verification. Organisations should review their termination procedures to ensure alignment with current Fair Work Commission standards, particularly given the recent expansion of worker protections effective from August 2024.