Notice period

Notice Period in Australia

Australia's notice period requirement mandates that employers provide up to four weeks' notice when terminating an employee's employment. For employees aged over 45 who have been in their role for at least two years, an additional week of notice applies, bringing the total to five weeks. This requirement forms part of Australia's National Employment Standards, which establish minimum conditions of employment across the country.

The Fair Work Act 2009 (Cth) governs these notice provisions and is administered by the Fair Work Commission. The National Employment Standards apply to all national system employees, regardless of industry or award classification, ensuring consistent baseline protections across the workforce.

A significant statutory change took effect on 26 August 2024, when the Fair Work Commission's powers expanded to cover gig workers, contractors, and casual employees in certain circumstances. This development broadens the scope of employment protections previously limited to traditional employment relationships, though the core notice period rules for standard employees remain unchanged.

Employers and payroll teams must ensure termination procedures comply with these notice requirements. When terminating an employee, calculate the notice period based on the employee's age and tenure. Employers may choose to pay out the notice period in lieu of requiring the employee to work it, though this must be done in accordance with the employment contract and applicable awards or agreements. Failure to provide proper notice can result in claims for breach of the National Employment Standards and potential compensation orders from the Fair Work Commission.