Guide
The extra week of notice for employees over 45 in Australia
Updated
It is the part of the Australian notice rules most often missed, and it is worth a week of pay to anyone it applies to.
Both tests, on the same day
The Fair Work Ombudsman 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 (Fair Work Ombudsman). Two things have to be true at once, and both are measured on the day notice is given: the employee is over 45, and continuous service is at least two years.
| Situation on the day notice is given | NES notice | Extra week? |
|---|---|---|
| 44 years old, 8 years' service | 4 weeks | No, under 45 |
| 50 years old, 18 months' service | 2 weeks | No, under 2 years' service |
| 50 years old, 2 years' service exactly | 2 weeks | Yes, 3 weeks in total |
| 60 years old, 20 years' service | 4 weeks | Yes, 5 weeks in total |
What it is worth
One extra week of notice is one extra week of pay if the notice is paid out rather than worked. On $1,500 a week that is $1,500; on $2,500 a week it is $2,500. The Fair Work Ombudsman says a payment in lieu 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, so the true figure is often higher than base pay alone.
It is an addition, not a replacement
The extra week sits on top of the length-of-service figure. It does not raise the four-week cap into a new band; it adds one week to whichever band applies, which is why the practical maximum under the NES is five weeks. A longer period in an award, enterprise agreement or contract still overrides both.
Verify your own position against your award or agreement before acting. This is general information about the NES minimum and not advice on an individual dismissal.