Notice Period Calculator Australia
Find your NES minimum notice period, calculate your last working day, and estimate your pay in lieu if you are not required to work out the notice.
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NES minimum notice table — Fair Work Act s117
These are the minimum notice periods an employer must give. Your contract or modern award may require more.
| Period of continuous service | Minimum notice | Age 45+ with 2+ years service |
|---|---|---|
| Less than 1 year | 1 week | 1 week(no bonus — need 2+ years) |
| 1 year to less than 3 years | 2 weeks | 3 weeks+1 week |
| 3 years to less than 5 years | 3 weeks | 4 weeks+1 week |
| 5 years or more | 4 weeks | 5 weeks+1 week |
How notice periods work in Australia
Under section 117 of the Fair Work Act 2009, an employer must give a permanent employee either the required notice period to work out, or pay them in lieu of that notice. The NES table above sets the minimum — your employment contract, modern award, or enterprise agreement may require more.
The notice period is based on continuous service with the same employer, not total years worked. If you have changed jobs, only your service with the current employer counts.
The age 45 bonus week
Under section 117(3)(b) of the Fair Work Act, an employee who is 45 years or older and has completed at least 2 years of continuous service is entitled to one additional week of notice on top of the standard NES amount.
This applies regardless of the reason for termination — whether it is genuine redundancy, performance-based dismissal, or any other reason. The only exception is summary dismissal for serious misconduct.
Payment in lieu of notice
Rather than requiring an employee to work out the notice period, an employer can choose to pay the employee in lieu — making the termination effective immediately. The payment is calculated as:
Pay in lieu = notice weeks × ordinary weekly base pay
Ordinary weekly base pay means the employee’s regular pay for ordinary hours — it does not include overtime, bonuses, commissions, penalty rates, or superannuation contributions.
Payment in lieu is taxed as ordinary income at the employee’s marginal rate — the same as normal wages. It is not classified as an Employment Termination Payment (ETP) and does not receive concessional ETP tax treatment. Include it in your Final Pay Calculator alongside your leave payout and any redundancy payment for the complete picture.
When no notice is required — summary dismissal
The only circumstance under the Fair Work Act where an employer can terminate employment without notice and without paying in lieu is summary dismissal for serious misconduct. Serious misconduct includes:
- Theft, fraud, or dishonesty
- Violence or threatening behaviour in the workplace
- Serious and imminent risk to the health and safety of a person
- Wilful destruction of the employer’s property
- Conduct that fundamentally undermines the employment relationship
Poor performance, disagreements, or personality conflicts do not qualify as serious misconduct. Dismissing an employee without notice for non-misconduct reasons is a breach of the NES and may expose the employer to unfair dismissal liability.
Does notice apply when you resign?
The NES notice provisions (and the calculator above) primarily apply to employer-initiated termination. When you resign, the notice you must give is determined by your employment contract, not the NES table.
Notice during a redundancy
When employment is terminated due to genuine redundancy, the employee is still entitled to the NES notice period (or payment in lieu). Notice pay and redundancy pay are separate entitlements — receiving one does not reduce or replace the other.
On redundancy, most employers pay notice in lieu rather than requiring the employee to work it — so both the redundancy payment and the notice payment typically land in the final payout as lump sums. See the Redundancy vs Resignation guide for a full comparison of what you receive under each scenario.
Frequently asked questions
Common questions about notice periods and payment in lieu in Australia.
How much notice do I have to give in Australia?
The NES minimum for employer-initiated termination: 1 week under 1 year, 2 weeks for 1–3 years, 3 weeks for 3–5 years, 4 weeks for 5+ years — plus an extra week if you are 45+ with 2+ years of service. For employee resignations, the notice required is set by your employment contract, not the NES table.
What is payment in lieu of notice?
Where an employer ends employment immediately without the employee working the notice period, and pays the equivalent wages instead. Calculated as notice weeks × ordinary weekly base pay (excluding overtime, bonuses, and super). Taxed as ordinary income — not as an ETP.
Can an employer terminate without notice in Australia?
Only in cases of summary dismissal for serious misconduct — theft, fraud, violence, or conduct fundamentally undermining the employment relationship. In all other cases, the employer must either provide the required notice period or pay in lieu under section 117 of the Fair Work Act 2009.
Does the notice period apply when an employee resigns?
The NES table applies to employer-initiated termination. When you resign, the notice you must give is set by your employment contract. Most Australian contracts require 2–4 weeks. Resigning without giving adequate contract notice can allow the employer to withhold pay for the unworked period.
Do casual employees get notice pay?
No. Casual employees are not entitled to notice of termination or payment in lieu under the NES. The provisions apply only to permanent full-time and part-time employees. Some awards or enterprise agreements may include casual notice provisions — check the instrument that covers your role.
Is notice pay taxed differently to normal wages?
No. Whether you work the notice period (paid as normal wages) or receive payment in lieu (paid as a lump sum), notice pay is taxed as ordinary income at your marginal rate. It is not an ETP and does not receive concessional tax treatment.
What if my employer doesn’t give me the required notice?
Terminating without notice or without paying in lieu is a breach of the NES under the Fair Work Act. You can lodge a complaint with the Fair Work Ombudsman on 13 13 94.