Notice period

Australia's notice period requirement mandates that employers provide employees with written notice before terminating their employment. For employees with one year or less of continuous service, the minimum notice period is one week. Employees with longer tenure receive extended notice periods: two weeks for service between one and five years, and four weeks for service exceeding five years. Senior employees or those in management roles may be entitled to longer notice periods depending on their contract and circumstances.

The Fair Work Act 1994 and the National Employment Standards, administered by the Fair Work Ombudsman and Fair Work Commission, establish these minimum notice requirements. The Fair Work Commission ensures compliance and handles disputes regarding notice periods and termination procedures.

From 26 August 2024, the Fair Work Commission expanded its powers to cover gig workers, contractors, and casual employees, broadening the scope of protections previously limited to traditional employees. This statutory change enhances dispute resolution mechanisms for workers in non-traditional employment arrangements who may face termination without adequate notice.

Employers must provide notice in writing and allow the specified period to elapse before the employment relationship ends, unless the employee agrees to a shorter period or the termination is for serious misconduct. Payroll teams should document all notice periods carefully, ensure compliance with state-based variations where applicable, and maintain records of termination communications. Failure to provide proper notice may result in claims for wrongful dismissal or underpayment of wages. Employers should review individual employment contracts, as some may specify notice periods exceeding the statutory minimum.