Australian law has no general rule that you must give 2 weeks notice. Most awards require 2 weeks from an employee with more than 1 year and up to 3 years of service. Casuals owe none. Employers owe 2 or 3 weeks in that band.
So "2 weeks" is exactly right in some cases and wrong in others. This guide shows when 2 weeks is the legal minimum in each direction, how to count it to your last day, and what happens if you give less.
Key takeaways
- The Fair Work Act sets minimum notice for employers only. Your notice as an employee comes from your award, enterprise agreement or contract.
- Under the standard award term you owe 2 weeks once you have more than 1 year and up to 3 years of service. There is no extra week for being over 45 when you resign.
- The 2 weeks starts the day after you give notice. Notice given on Friday 9 October 2026 ends on Friday 23 October 2026, and a public holiday inside it does not push it out.
- Give too little notice under most awards and your employer can deduct up to one week's wages owed under the award, if you are 18 or over. Never from your leave payout.
- Casuals do not have to give notice, and an employer cannot refuse to accept a resignation.
When 2 weeks is the legal minimum
The answer depends on who is ending the job. When you resign, most modern awards use the same service bands as the Fair Work Act but leave out the age week. When your employer ends it, section 117 adds a week if you are over 45 with at least 2 years of service.
| Continuous service at the end of the day notice is given | You resign (standard award term) | Employer ends it, 45 or under | Employer ends it, over 45 |
|---|---|---|---|
| 1 year or less | 1 week | 1 week | 1 week |
| More than 1 year, under 2 years | 2 weeks | 2 weeks | 2 weeks |
| 2 years to 3 years | 2 weeks | 2 weeks | 3 weeks |
| More than 3 years, up to 5 years | 3 weeks | 3 weeks | 4 weeks |
| More than 5 years | 4 weeks | 4 weeks | 5 weeks |
Bold cells are where 2 weeks is exactly the minimum. Casual service does not count as continuous service for these bands. Over 45 and under 2 years of service, the age week does not apply yet, so 2 weeks is still the figure.
Fair Work Act 2009 s 117(3): "Not more than 1 year: 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", plus 1 week "if the employee is over 45 years old and has completed at least 2 years of continuous service". s 117(4) excludes casual employment. s 118: an award or agreement "may include terms specifying the period of notice an employee must give" (Compilation No. 73, 7 July 2026). General Retail Industry Award 2020 cl 37.1, Note: "the employee does not have to give additional notice based on the age of the employee." (MA000004, consolidated to 1 July 2026.) Retrieved 5 October 2026.
Where your award does not have the standard term, or no award covers you, the number comes from your enterprise agreement or contract. If your contract says nothing and no award applies, you may need to give reasonable notice. Our resignation notice period guide explains where your notice comes from, including awards with their own rules.
How to count 2 weeks
Day one of the notice is the day after you hand it in, and its final day is your last day of employment. Weeks run as calendar weeks, weekends included, so 2 weeks of notice given on any day ends on the same weekday two weeks later. A public holiday inside those 2 weeks is part of the notice and does not extend it. You can resign verbally or in writing; an employer giving notice must do it in writing.
| Who | Notice given | Required | Last day |
|---|---|---|---|
| Kate, Retail Award, started Monday 4 March 2024 (about 2 years 7 months) | Fri 9 Oct 2026 | 2 weeks | Fri 23 Oct 2026 |
| A Victorian employee with 2 years' service | Mon 26 Oct 2026 | 2 weeks | Mon 9 Nov 2026, even though Melbourne Cup Day (Tue 3 Nov) falls inside |
| Kate again, if she had started on Monday 3 October 2022 (just over 4 years) | Fri 9 Oct 2026 | 3 weeks | Fri 30 Oct 2026 |
"The notice period: starts the day after the employee gives notice that they want to end their employment; ends on the last day of employment." "Notice can include public holidays. However, public holidays don't extend the notice period." "When an employee resigns, they can give their employer notice verbally or in writing." fairwork.gov.au, retrieved 5 October 2026. Employer notice in writing: Fair Work Act s 117(1).
The notice period calculator works out the minimum notice an employer must give for your service and age, and what pay in lieu of it is worth.
If you give less than 2 weeks
Most awards cap the cost of short notice at one week's wages. Your employer can only take it if you are 18 or over, it never agreed to let you go early, and keeping the money would not be unreasonable, and it has to come from the wages the award says you are owed, not from your annual leave payout or anything paid above the award. Some awards, including the Air Pilots, Black Coal, Marine Towage, Real Estate and Teachers awards, have different rules.
One week is the ceiling however short you fall. If Kate, with just over 4 years, gives 2 weeks instead of 3, she is a week short and her employer can deduct at most one week's award wages. If she gives no notice at all, the most is still one week. The full rules are in the resignation notice period guide.
"Most awards say that an employer can deduct up to one week's wages from an employee's pay if: the employee is 18 years old or over; the employee hasn't given the right amount of notice under their award, and the deduction isn't unreasonable." "They can't make a deduction from other entitlements owed to the employee, such as leave or other over-award payments." (Resignation.) Under 18: "no amounts can be deducted from their wages unless their parent or guardian agrees in writing first." (Fair Work Library K600464.) Retrieved 5 October 2026.
When 2 weeks is not enough
Under the standard award term, 2 weeks stops being enough once you pass 3 years of service: more than 3 and up to 5 years needs 3 weeks, and more than 5 years needs 4. A contract can ask for more than the award. Under the standard award term the age week never applies when you resign. Some sources say it does, but the award note quoted above rules it out.
Casuals, fixed-term, probation and serious misconduct
- Casuals can quit without notice, and an employer ending a casual's employment owes none either. A casual barista who walks out after a shift has not broken a notice rule.
- Fixed-term, specified task or seasonal employees, some trainees, and anyone dismissed for serious misconduct are outside the Fair Work Act notice rules. So are daily hire employees in building and construction and the meat industry.
- Probation is not an exception. An employee who does not pass probation is still entitled to notice when the employment ends.
Fair Work Act 2009 s 123(1), (3) (Compilation No. 73, 7 July 2026). Fair Work Ombudsman, Resignation: "Casual employees don't have to give notice to their employer when they resign." Probation (updated 14 August 2026): an employee who doesn't pass probation is still entitled to "receive notice when employment ends". Retrieved 5 October 2026.
When your employer gives you 2 weeks
An employer must give written notice of your last day. Two weeks is enough only if you have more than 1 year and up to 3 years of service and you are 45 or under, or you are over 45 with more than 1 year but less than 2 years. Lena, 51, started on Monday 3 June 2024. On Friday 9 October 2026 her employer hands her a letter giving 2 weeks. She has about 2 years and 4 months of service and is over 45, so she is owed 3 weeks. The missing week must be paid in lieu, at her full rate of pay for the hours she would have worked rather than her base rate; see payment in lieu of notice. Under the Retail Award she can also take up to one day off without loss of pay to look for another job during the notice. Other awards have their own version of that clause.
Fair Work Act 2009 s 117(1) and s 117(2)(b): payment in lieu "at the full rate of pay for the hours the employee would have worked had the employment continued until the end of the minimum period of notice" (Compilation No. 73, 7 July 2026). General Retail Industry Award 2020 cl 37.2(a): "the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment." Retrieved 5 October 2026. More on the employer side: notice of termination.
After you hand in your 2 weeks
- Your employer cannot reject it. It can agree with you on an earlier finish, or end the employment itself, in which case its own notice obligations, or pay in lieu, apply.
- Annual leave can be taken during the notice only if your employer agrees.
- Sick or carer's leave can be taken during the notice if you give notice of it and evidence when asked.
- Final pay includes your unused annual leave. Add it up with the final pay calculator.
"An employer can't choose to accept or reject an employee's resignation." "An employee can take paid annual leave during a notice period if their employer agrees to the leave." fairwork.gov.au, retrieved 5 October 2026.
A short 2 weeks notice letter
Three lines are enough: that you are resigning, your last day, and the date.
Dear Alex,
I am resigning from my position as store supervisor. My last day will be Friday 23 October 2026.
Kate Nguyen, 9 October 2026
2 weeks notice: questions
Do you legally have to give 2 weeks notice in Australia?
Only if your award, enterprise agreement or contract says so. Under the standard award term you owe 2 weeks once you have more than 1 year and up to 3 years of service.
Does a 2 week notice have to be 14 days?
In practice, yes. The 2 weeks runs from the day after you give notice to your last day, weekends included, so it covers 14 calendar days.
Do I have to give 2 weeks notice if I am casual?
No. A casual can resign without giving any notice.
What happens if I do not give 2 weeks notice?
If your award required it, your employer can deduct up to one week's award wages, as long as you are 18 or over, it did not agree to less notice, and the deduction is not unreasonable. It cannot take it from your leave payout.
Can my employer make me leave before my 2 weeks are up?
It can agree an earlier finish with you. If it ends the job early without your agreement, that is the employer ending your employment, and it owes its own notice or pay in lieu.
Do I have to give 2 weeks notice on probation?
Probation does not remove notice rules. Your award, agreement or contract still sets the period.
Is 2 weeks enough after 4 years?
Not under the standard award term. More than 3 and up to 5 years of service needs 3 weeks.
My employer gave me 2 weeks. Is that legal?
Yes if you have more than 1 year and up to 3 years of service and are 45 or under, or are over 45 with more than 1 year but less than 2 years. With more service, or over 45 with 2 years or more, you are owed more.
Can I use annual leave for my 2 weeks?
Only if your employer agrees.
Author & reviewer
Sarah has spent over a decade advising Australian SMBs on Fair Work, NES compliance, and payroll. Based in Sydney, she has worked across hospitality, retail and professional services.