National Employment Standards
Notice period in Australia: how much are you owed?
Under the National Employment Standards the minimum runs from one week to four, set by length of continuous service, with an extra week for employees over 45 who have at least two years in. Six years' service and over 45 comes to five weeks, which is $7,500 at $1,500 a week if it is paid out instead of worked. Enter your own figures below.
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The basis
- The Fair Work Ombudsman publishes the NES minimum notice period as: 1 year or less, 1 week; more than 1 year but not more than 3 years, 2 weeks; more than 3 years but not more than 5 years, 3 weeks; more than 5 years, 4 weeks (Fair Work Ombudsman: dismissal and notice). The calculator uses those four bands exactly.
- The same page states that under the NES, employees over 45 years old get an extra week of notice if they have at least 2 years of continuous service with their employer. The calculator adds one week when both conditions are met on the day notice is given.
- Notice is based on continuous service with that employer on the day notice is given. The Fair Work Ombudsman says continuous service includes unpaid leave such as unpaid parental leave, does not include unauthorised absence, and that time worked as a casual usually will not count towards continuous service for notice.
- An award, enterprise agreement or employment contract can set a longer notice period, and a contract cannot provide for less than the NES, the relevant award or agreement. The calculator therefore takes the higher of the NES figure and the figure you enter.
- The NES scale is what the employer must give. The Fair Work Ombudsman states that the notice an employee gives when resigning comes from an award, enterprise agreement or employment contract, not from the NES scale (Fair Work Ombudsman: resignation).
- Notice does not apply under the NES to casual employees, to employees engaged for a specific period, season or task, to dismissal for serious misconduct, to certain daily hire building, construction and meat industry workers, or to certain seasonal weekly hire meat industry workers (Fair Work Ombudsman: who doesn't get notice).
- Where notice is paid out rather than worked, the Fair Work Ombudsman says the amount must equal the full amount the employee would have been paid had they worked to the end of the notice period, including incentive payments and bonuses, loadings, monetary allowances, overtime, penalty rates and any other separately identifiable amounts. The single weekly figure here is a simplification: check it against those components.
- This site states the position as published by the Fair Work Ombudsman on the updated date above. It is general information, not advice on your matter, and it does not tell you whether a dismissal was fair.
Notice Period Australia is an independent information site operated by Ellul Solutions Ltd. It is not affiliated with the Fair Work Ombudsman, the Fair Work Commission or any government body, and nothing here is legal advice on your matter, confirm your position with the Fair Work Ombudsman, your union or an employment lawyer before acting.
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NES minimum notice of termination by length of service, Australia
Last updated
The National Employment Standards notice scale, with and without the extra week for employees over 45 who have at least two years of continuous service, and what each period is worth when it is paid out instead of worked.
Computed with this page's own formulas from the notice scale published by the Fair Work Ombudsman: 1 year or less, 1 week; more than 1 up to 3 years, 2 weeks; more than 3 up to 5 years, 3 weeks; more than 5 years, 4 weeks; plus one week where the employee is over 45 with at least 2 years of continuous service. The payment in lieu column uses a weekly pay of $1,500 for illustration only.
| Continuous service on the day notice is given | Notice if under 45 | Notice if over 45 | Paid in lieu, over 45, at $1,500 a week |
|---|---|---|---|
| 6 months | 1 week | 1 week | $1,500 |
| 18 months | 2 weeks | 2 weeks | $3,000 |
| 2 years | 2 weeks | 3 weeks | $4,500 |
| 4 years | 3 weeks | 4 weeks | $6,000 |
| 6 years | 4 weeks | 5 weeks | $7,500 |
| 10 years | 4 weeks | 5 weeks | $7,500 |
- The NES minimum notice of termination in Australia tops out at 4 weeks, reached after more than 5 years of continuous service; there is no longer band above that.
- An employee over 45 with at least 2 years of continuous service gets one extra week on top of the NES scale, so the practical maximum is 5 weeks.
- At 18 months of service the extra week does not apply, because the over-45 addition requires at least 2 years of continuous service: the notice is 2 weeks whatever the employee's age.
Cite this page
“NES minimum notice of termination by length of service, Australia”, Notice Period Australia, https://noticeperiodaustralia.com/ (updated 2026-08-15). Computed with this page's own formulas from the notice scale published by the Fair Work Ombudsman: 1 year or less, 1 week; more than 1 up to 3 years, 2 weeks; more than 3 up to 5 years, 3 weeks; more than 5 years, 4 weeks; plus one week where the employee is over 45 with at least 2 years of continuous service. The payment in lieu column uses a weekly pay of $1,500 for illustration only.
Read next
Every figure sourced and dated.
- Minimum notice period in Australia: the NES scale explained
The National Employment Standards notice scale from 1 to 4 weeks, the extra week for employees over 45, and two worked examples from Fair Work, reproduced.
- The extra week of notice for employees over 45 in Australia
Employees over 45 with at least 2 years of continuous service get one extra week of NES notice. When both tests are met, and what the extra week is worth in pay.
- Payment in lieu of notice in Australia: what must be included
Paying out notice means paying the full amount the employee would have earned working it: bonuses, loadings, allowances, overtime and penalty rates, not just base pay.
- Who does not get notice of termination in Australia
Casuals, employees on a set period, season or task, and dismissal for serious misconduct get no notice under the National Employment Standards. The full list, and why.
Common questions
What is the minimum notice period in Australia?
Under the National Employment Standards it is 1 week for 1 year of continuous service or less, 2 weeks for more than 1 year up to 3 years, 3 weeks for more than 3 years up to 5 years, and 4 weeks for more than 5 years. Employees over 45 with at least 2 years of continuous service get one extra week on top.
How much notice do I get after 6 years' service?
4 weeks under the NES, because 6 years is more than 5. If you are also over 45 on the day notice is given, add one week, so 5 weeks in total. At $1,500 a week that is $7,500 if the notice is paid out instead of worked.
How much notice do I have to give when I resign in Australia?
The NES scale does not set it. The Fair Work Ombudsman says resignation notice comes from an award, enterprise agreement or employment contract, and that an employee not covered by an award or agreement does not have to give notice unless their contract requires it, though they may need to give reasonable notice.
Can my employer pay me out instead of making me work my notice?
Yes. The employer can let you work the notice, end the employment early and pay the notice out, or combine the two. A payment in lieu must equal the full amount you would have been paid had you worked to the end of the notice period, including bonuses, loadings, allowances, overtime and penalty rates.
Does unpaid parental leave count towards my notice entitlement?
Yes. The Fair Work Ombudsman states that continuous service for notice includes unpaid leave such as unpaid parental leave, and gives the example of an employee with 5 years and 3 months of service, 12 months of it on unpaid parental leave, who is entitled to 4 weeks' notice.
Can my contract give me less notice than the NES?
No. An award, enterprise agreement or employment contract can require a longer minimum notice period, but a contract cannot provide for less than the NES, the relevant award or the relevant agreement.
Sources
Check the number before you sign anything.
The NES scale, the over-45 week and any longer period in your award, in one calculation.
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