Redundancy consultation is a duty your award or enterprise agreement creates. Your employer must notify you, give you the details in writing, discuss ways to avoid or reduce job losses and consider your views. There is no set minimum period.
Take the award or agreement away and, for a single redundancy, there is no legal duty to consult at all. Where the duty does exist, it starts as soon as practicable after the restructure is decided and has to run while the choice of who goes can still be changed. This guide quotes the clauses, sets out the redundancy process as a flowchart, and shows what a skipped consultation does and does not get you.
Key takeaways
- The duty to consult comes from a modern award or enterprise agreement. With neither, the Fair Work Commission says there is no legislative requirement to consult before the decision.
- The standard award clause (Clerks Award cl 38) has four duties: notify, inform in writing, discuss, and consider what is raised. Discussions start "as soon as practicable after a definite decision".
- No minimum consultation period applies in Australia. The 30 and 45 day rules found online are UK law.
- Above the high income threshold ($190,100 from 1 July 2026) the award does not apply to you, so neither does its consultation clause.
- For 15 or more dismissals the Act adds written notice to Services Australia and notice and consultation with any union whose members are affected (ss 530, 531).
- Skipping a required consultation means the redundancy is not genuine (s 389(1)(b)). An unfair dismissal application is due within 21 days (s 394).
Do employers have to consult about redundancy?
Only when an instrument says so. The Fair Work Act does not impose a general duty to consult one employee before deciding to make their job redundant. The duty arrives through a modern award or an enterprise agreement, and the Fair Work Ombudsman says every award and agreement has a consultation process for major workplace change, which can include redundancies.
| Your situation | Duty to consult you? | Where it comes from |
|---|---|---|
| Covered by a modern award, earning under the high income threshold | Yes | The award's consultation clause |
| Covered by an enterprise agreement | Yes | The agreement's consultation term, or the model term if it has none (s 205) |
| Award covers your job but you earn above $190,100, no agreement | No award duty | The award does not apply to a high income employee; unfair dismissal eligibility is unaffected |
| Award-free, no enterprise agreement | No | No legislative requirement to consult before the decision |
| Part of a group of 15 or more dismissals | Extra duties on top | Services Australia notice (s 530) and union notice and consultation (s 531) |
The high income threshold is $190,100 for dismissals from 1 July 2026, and was $183,100 for dismissals up to 30 June 2026. The carve-out applies to awards only: an enterprise agreement can still apply to a high earner.
"The obligation on an employer to consult about redundancy only arises when a modern award or enterprise agreement applies to an employee and that modern award or enterprise agreement contains requirements (which they often do) to consult about redundancy." "A modern award does NOT apply to an employee at a time when the employee is a high income employee. As a result, modern award consultation obligations do not apply to high income employees. This does not affect eligibility for an unfair dismissal remedy." "There is no legislative requirement to consult about the redundancy before a decision is made to make an employee redundant."
Fair Work Ombudsman, Redundancy (content last updated 28 August 2026): "All awards and agreements have a consultation process for when there are major changes to the workplace that are likely to have significant effects on employees. This may include redundancies." FWC, High income threshold: "The high income threshold is currently $190,100." Retrieved 7 October 2026.
What the consultation clause requires
The Clerks Award, clause 38 "Consultation about major workplace change", shows what an award term asks for, and the Fair Work Ombudsman's summary of the duty in every award and agreement follows the same four moves. Other awards number the term differently, so check yours. Clause 38 breaks into six parts:
| Step | Clause | What the employer must do |
|---|---|---|
| Trigger | 38.1, 38.5 | A "definite decision" to make major changes likely to have "significant effects" on employees, which include termination of employment |
| Notify | 38.1(a) | Give notice of the changes to every employee who may be affected and their representatives |
| Inform in writing | 38.2, 38.3 | Provide all relevant information in writing: the nature of the changes, their expected effect, other matters likely to affect employees. Confidential information against the employer's interests can be held back |
| Discuss | 38.1(b) | Talk through the changes, their likely effect, and measures to avoid or reduce the adverse effects |
| Timing | 38.1(c) | Start discussions as soon as practicable after the definite decision |
| Consider | 38.4 | Promptly consider matters raised by employees or their representatives |
"38.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must: (a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and (b) discuss with affected employees and their representatives (if any): (i) the introduction of the changes; and (ii) their likely effect on employees; and (iii) measures to avoid or reduce the adverse effects of the changes on employees; and (c) commence discussions as soon as practicable after a definite decision has been made." "38.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 38.1(b)." "38.5 ... significant effects, on employees, includes any of the following: (a) termination of employment". Consolidated to 1 July 2026 (PR799280, PR799283 and PR799440), retrieved 7 October 2026.
Fair Work Ombudsman, Redundancy (content last updated 28 August 2026): "After a decision to make major changes has been made, the employer must as soon as possible: notify affected employees and any representatives about the proposed changes; provide all relevant information in writing ...; discuss with employees and their representatives the introduction of the changes, their likely effects, and strategies to reduce the negative effects on the employees; consider any ideas or suggestions raised".
Enterprise agreements: the model consultation term
Section 205 of the Fair Work Act requires every enterprise agreement to include a consultation term covering major workplace change and roster or hours changes, and to allow employees to be represented. If an agreement has none, or its term is an objectionable emergency management term, the model consultation term is read in. The Fair Work Commission sets that model term under s 205(3).
Which version applies depends on when your agreement was voted up. For agreements approved by a vote on or after 26 February 2025, it is Schedule 2 of the Fair Work (Model Terms) Determination 2025. Agreements approved by an earlier vote keep the old term in Schedule 2.3 of the Fair Work Regulations 2009. The current term goes further than the award clause in four ways: employees can nominate a representative whom the employer must recognise, the written information must include the reasons for the change, consideration must be "prompt and genuine", and the employer must take reasonable steps to report the outcome.
cl (3): "The relevant employee or employees may advise the employer that a person or employee organisation is their representative for the purposes of the procedures in this clause in relation to a major workplace change." cl (4): "the employer must recognise the representative." cl (6): "As soon as practicable after making its decision, the employer must: (a) consult with the relevant employees and their representatives (if any), including by discussing with them: (i) the introduction of the change; and (ii) the effect the change is likely to have on the employees; and (iii) measures to avoid or reduce any adverse effect of the change on the employees; and (b) for the purposes of the consultation, provide, in writing, ... (ii) the reasons or justification for the change". cl (8): "The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees and their representatives (if any)." cl (9): "The employer will take reasonable steps to communicate the outcome of the consultation process". Dated 21 February 2025, registered 25 February 2025.
FWC, Terms and dates to put in an agreement (last updated 26 February 2025): "If your employees were asked to vote to approve your agreement on or after 26 February 2025, and by that vote your employees approved the agreement, the new model consultation term in Schedule 2 of the Fair Work (Model Terms) Determination 2025 will be taken to be a term of your agreement." Fair Work Act s 205(1) to (3). Retrieved 7 October 2026.
A definite decision, but not an irreversible one
Two phrases look as if they pull against each other. The award clause is triggered by a definite decision to restructure. The Commission says consultation must happen before an irreversible decision to terminate. They fit together once you separate the two decisions: the business may settle on the restructure first, but it must not have finally settled on who loses their job before talking to the people affected. In Monks v John Holland Group [2012] FWA 6453 the consultation came after a definite decision had been made, and the redundancy was held not to be genuine.
How long is the redundancy consultation period?
There is no minimum. The Clerks clause says discussions start "as soon as practicable" and sets no number of days or meetings. The model term for enterprise agreements uses the same words. Sections 530 and 531, which apply to larger redundancies, say "as soon as practicable after making the decision" and "before dismissing", again with no day count.
The 30 day and 45 day figures that come up in searches are British. In the UK, consultation must start at least 30 days before dismissals for 20 to 99 redundancies and at least 45 days before for 100 or more, and there are no rules at all for up to 19. None of that applies here. Ranges like two to four weeks, or three to five days, that appear in online guides are practice or opinion, not a legal requirement.
The redundancy process: a step-by-step flowchart
The redundancy process in Australia runs from the restructure decision to the last day you can lodge a claim. Each step below names the rule behind it.
- Restructure decided. The business makes a definite decision on a major change likely to have significant effects, such as job losses (award cl 38.1, 38.5).
- Notify. Affected employees and their representatives are told about the change (cl 38.1(a)).
- If 15 or more will be dismissed: written notice to Services Australia and to any union with affected members, as soon as practicable and before anyone is dismissed (ss 530, 531).
- Written information. The nature of the change, its expected effect and other relevant matters, in writing (cl 38.2; under the model term, also the reasons).
- Consultation meetings. The change, its effects and ways to avoid or reduce them are discussed, before anyone's termination is final (cl 38.1(b); FWC benchbook).
- Employer considers what was raised. Promptly, and under the model term genuinely, with the outcome communicated (cl 38.4; model term cl (8), (9)).
- Decision on each role. Whether a role goes, and whether there is other work you could do instead. Both feed into the test explained in genuine redundancy.
- Written notice of termination. Notice of the termination day, or pay in lieu (s 117). This is where the notice period starts, not at consultation.
- Notice period. 1 week to 5 weeks by service and age, with paid job search time where your award provides it (Clerks cl 42.3) and the option to leave early (cl 42.2).
- Termination day and final pay. Wages, notice, unused leave and redundancy pay under s 119.
- 21-day window. If you think the redundancy was not genuine, an unfair dismissal application must be lodged within 21 days after the dismissal took effect (s 394(2)).
What happens in a redundancy consultation meeting
The clause sets the agenda rather than the format: the employer explains the change and provides the written information, and you and any representative respond with questions and alternatives. Nothing in the Clerks clause or the model term fixes how many meetings there must be, how long they last, or how much warning you get before one; a 24 hours' notice rule that circulates online is practice, not a term of either.
Representatives and support people
The award clause gives your representatives the same notice, information and seat at the discussion as you. Under the current model term you can tell your employer that a person or a union is your representative, and the employer must recognise them. A support person is a slightly different thing: when the Commission decides whether a dismissal was unfair, one of the factors it weighs is any unreasonable refusal to let you have a support person at discussions about dismissal (s 387(d)). It is a factor in that assessment, not a free-standing right.
Questions to ask at a redundancy consultation meeting
Build your questions from what the clause says the employer must give you and discuss:
- What exactly is changing, and why? Can I have that in writing?
- What effect will the change have on my role, my hours and my pay?
- What options are being looked at to avoid or reduce job losses, such as redeployment, reduced hours or other roles?
- How will the people affected be chosen?
- What payments are proposed, and how do they compare with my award or agreement?
- When will a decision be made, and how will what I say today be considered?
You are still employed during consultation
Consultation is not notice of termination. Under s 117(1) your employer cannot end your employment without written notice of the termination day, so until that notice is given and runs out, or is paid out, you keep working and being paid on your usual terms.
What makes consultation meaningful
The Commission looks at substance, not paperwork. Its benchbook describes consultation as "a bona fide opportunity to influence the decision maker", and says it is not "perfunctory advice on what is about to happen". The decided cases show where the line falls:
| Case | What happened | Result |
|---|---|---|
| Kaysal v DBM Handrails [2010] FWA 8426 | Employer issued a notice about a downturn in work | Not adequate consultation |
| Wang v Specialty Fashion Group [2011] FWA 6872 | One-on-one meetings with no input into who was selected, redeployment, payments or alternatives | Not a genuine redundancy |
| Monks v John Holland Group [2012] FWA 6453 | Consultation after a definite decision had been made | Not genuine, but not unfair |
| UES (Int'l) Pty Ltd v Harvey [2012] FWAFB 5241 | No consultation | Not genuine, and unfair for that reason alone |
| Tyszka v Sun Health Foods [2010] FWA 1781 | No written proposals, but consultation overall | "In totality, the employer complied" |
| Lindsay v Department of Finance [2011] FWA 4078 | Consultation cut short by the employee's own attitude | Obligations satisfied |
How the employer picked who would go is not part of the genuine redundancy test. An unlawful selection process can still found a separate claim under the general protections provisions or anti-discrimination law.
Making 15 or more employees redundant
When an employer decides to dismiss 15 or more employees for economic, technological, structural or similar reasons, two duties in the Fair Work Act apply on top of the award or agreement clause.
Notice to Services Australia (s 530)
The employer must give written notice to the Chief Executive Officer of Centrelink, now within Services Australia, setting out the reasons, the number and categories of employees likely to be affected, and the timing. It must be given as soon as practicable after the decision and before anyone is dismissed. Dismissing first contravenes a civil remedy provision, and a court can order the employer not to carry out the dismissals except as the order permits. Services Australia publishes a template, "Notice to Services Australia of proposed dismissals", lodged through the National Business Gateway, and can run information sessions for affected staff.
Notice and consultation with unions (s 531)
If the employer could reasonably be expected to know that any affected employee belongs to a registered employee association, it must notify that union of the proposed dismissals, the reasons, the numbers and the timing, and give it a chance to consult on ways to avert or minimise the dismissals and to soften their effects, such as finding other work. The same timing applies: as soon as practicable, and before dismissing. The Commission can make orders if this is not done.
Who the Division does not cover (s 534)
- Employees engaged for a specified period, a specified task or a season
- Employees dismissed for serious misconduct
- Casual employees
- Trainees (other than apprentices) employed for a specified period under a training arrangement
- Some daily hire workers in building and construction and in the meat industry, and seasonal weekly hire meat workers
- Employees prescribed by the regulations
Fair Work Act s 530(1): "If an employer decides to dismiss 15 or more employees for reasons of an economic, technological, structural or similar nature, or for reasons including such reasons, the employer must give a written notice about the proposed dismissals to the Chief Executive Officer of the Commonwealth Services Delivery Agency (Centrelink)." s 530(3): "as soon as practicable after making the decision; and (b) before dismissing an employee in accordance with the decision." s 531(3): consultation on "(i) measures to avert or minimise the proposed dismissals; and (ii) measures (such as finding alternative employment) to mitigate the adverse effects of the proposed dismissals". s 534(1): "This Division does not apply in relation to any of the following employees". Retrieved 7 October 2026.
Services Australia, Redundancy information for employers (page last updated 3 December 2024): "If you're considering redundancy or retrenchment of 15 or more staff, you need to give us written notification." FWO, Redundancy: "An employer must notify or consult with a union if at least 1 employee is a union member." Retrieved 7 October 2026.
What if your employer did not consult?
- The redundancy is not genuine. Section 389(1)(b) makes compliance with any award or agreement duty to consult part of the definition. If the employer was obliged to consult and did not, there cannot be a genuine redundancy.
- That opens an unfair dismissal claim, but does not win it. The Commission still asks whether the dismissal was harsh, unjust or unreasonable, and can weigh the missed consultation as a relevant matter under s 387(h). Results split: in UES v Harvey the lack of consultation alone made the dismissal unfair, while in Monks the dismissal was not genuine but not unfair. Where consultation was highly unlikely to change the outcome, the failure may count for less.
- The deadline is short. An application must be made within 21 days after the dismissal took effect, and later only in exceptional circumstances (s 394(2), (3)). One eligibility condition is that an award covers you, an enterprise agreement applies to you, or you earn less than $190,100 (s 382(b)). The other conditions, the compensation cap and the application fee are set out in genuine redundancy.
- The breach is a contravention in its own right. Breaking an award term or an agreement term contravenes a civil remedy provision (ss 45, 50), and so does dismissing before the s 530 notice in a group of 15 or more.
Fair Work Act s 389(1)(b): "the employer has complied with any obligation in a modern award or enterprise agreement that applied to the employment to consult about the redundancy." s 394(2): "(a) within 21 days after the dismissal took effect; or (b) within such further period as the FWC allows". s 387(h): "any other matters that the FWC considers relevant." s 45: "A person must not contravene a term of a modern award." s 50: "A person must not contravene a term of an enterprise agreement." FWC, Consultation obligations: "If an employer was obliged to consult and fails to do so, there cannot be a genuine redundancy." Retrieved 7 October 2026.
After the decision: notice, job search time and leaving early
Once your role is confirmed as redundant, the notice rules in s 117 take over. The minimum depends on your continuous service at the end of the day notice is given, plus one week if you are over 45 with at least 2 years' service. Under the Clerks Award you also get paid time off to look for work: up to one day for each week of that minimum notice.
| Continuous service | Minimum notice | Over 45 with 2+ years | Clerks job search time (max) |
|---|---|---|---|
| Not more than 1 year | 1 week | Not applicable | 1 day |
| More than 1 year, under 2 years | 2 weeks | Not applicable | 2 days |
| 2 years to not more than 3 years | 2 weeks | 3 weeks | 2 days (3 days if over 45) |
| More than 3 years, not more than 5 years | 3 weeks | 4 weeks | 3 days (4 days if over 45) |
| More than 5 years | 4 weeks | 5 weeks | 4 days (5 days if over 45) |
- Job search time. If you take more than one day, your employer can ask for proof that you attended an interview, and a statutory declaration is enough (Clerks cl 42.3(b), (c)). Other awards have their own clause.
- Leaving early. Under Clerks cl 42.2 you can resign during the minimum notice period and keep the redundancy pay you would have received, but you are not paid for the rest of the notice.
- Pay in lieu. Your employer can pay out the notice instead of having you work it, at your full rate of pay; see payment in lieu of notice. The wider rules are in notice of termination.
- Redundancy pay. The s 119 scale sets the minimum by years of service; the redundancy calculator works it out with tax. Employers with fewer than 15 employees are covered in redundancy pay and small business.
- The rest of your final pay. Unused annual leave is paid out with any loading you would have received: see leave loading on termination. Which parts attract super is covered in is super payable on redundancy.
If your employer asks for volunteers during consultation, voluntary redundancy explains how an accepted offer is paid and taxed.
Fair Work Act s 117: "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", increased "by 1 week if the employee is over 45 years old and has completed at least 2 years of continuous service". Clerks Award cl 42.3(a): "the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment." cl 42.2(c): "the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed." Retrieved 7 October 2026.
Worked examples
Aisha, 47, works under the Clerks Award and has 6 years and 4 months' service. Her employer decides on a restructure and announces it on Monday 12 October 2026, handing out the written information the same day (cl 38.1, 38.2). Consultation meetings follow on Wednesday 14 October 2026 and Monday 19 October 2026. Her role goes, and she receives written notice of termination on Friday 23 October 2026.
Notice: more than 5 years gives 4 weeks, plus 1 because she is over 45 with at least 2 years' service, so 5 weeks. If she works it, her earliest termination day is Friday 27 November 2026. During notice she can take up to 5 days of paid job search time. Her NES redundancy pay for 6 to under 7 years is 11 weeks. If she later thinks the redundancy was not genuine, she has 21 days after the dismissal takes effect to apply to the Commission.
A distributor decides on Monday 2 November 2026 to close a warehouse. 40 permanent staff and 12 casuals will go, and 3 of the permanent staff are union members. The casuals are outside the Division (s 534). The 40 permanent staff are well over 15 on their own, so the employer must give Services Australia written notice before the first dismissal (s 530) and notify the union and offer it consultation (s 531). That is on top of the award consultation with each affected employee.
Ravi is an award-free operations manager on $210,000 with no enterprise agreement. No award or agreement applies to him, so there is no duty to consult him, and because he earns above $190,100 with no award coverage or agreement he cannot bring an unfair dismissal claim. His colleague is in a role the Clerks Award covers but is paid above the threshold. The award does not apply to her, so she has no award consultation right, but award coverage keeps her unfair dismissal protection.
Redundancy consultation: questions
Is consultation required for redundancy?
Only where a modern award or enterprise agreement applies to you and requires it, which the Fair Work Ombudsman says all of them do for major workplace change. Award-free employees with no agreement have no legislated right to be consulted before the decision.
How long is the redundancy consultation period?
No minimum is set. Discussions must start as soon as practicable after the restructure decision, and they must happen before the decision about your own job is final.
What happens at a redundancy consultation?
You are told what is changing and how it affects you, given the details in writing, and asked for your ideas on avoiding or reducing job losses. Your employer must then consider what you said before deciding.
What is the consultation process for redundancy in Australia?
Under a standard award clause: a definite decision, notice to affected staff and their representatives, written information, discussions about the change and ways to reduce its effects, and prompt consideration of what is raised. For 15 or more dismissals, Services Australia and any affected union must also be notified.
What should I ask at my first redundancy consultation meeting?
Ask for the reasons and details in writing, how the change affects your role, what alternatives such as redeployment are being considered, how people will be selected, and what payments are proposed.
Can I bring a support person to a redundancy meeting?
Your award or agreement lets representatives take part, and under the current model term your employer must recognise a representative you nominate. When the Commission decides whether a dismissal was unfair, an unreasonable refusal to allow a support person is one of the factors it weighs.
Do I have to work during the consultation period?
Yes. Consultation does not end your employment or start your notice. Notice only begins when you get written notice of your termination day.
What happens if my employer made me redundant without consultation?
If consultation was required, the redundancy is not genuine, and you may be able to bring an unfair dismissal claim within 21 days. Whether you win depends on whether consultation would have made a difference.
Is there a 30-day consultation period in Australia?
No. The 30 day minimum is a UK rule for 20 to 99 redundancies, with 45 days for 100 or more. Australian law sets no minimum number of days.
How long does the redundancy process take?
Consultation has no legal minimum. After written notice, the notice period runs for 1 to 5 weeks depending on service and age, unless your employer pays it out instead.
Do employers have to tell Centrelink about redundancies?
Only when 15 or more employees are being dismissed for economic, technological, structural or similar reasons. The written notice goes to Services Australia before the first dismissal.
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.