Notice · Fair Work Act s.117

Notice period calculator.

Work out the minimum notice your employer must give before ending your employment, from 1 week to 5 weeks depending on your length of service and your age. The calculator also shows what that notice is worth if it is paid out instead of worked.

Free, no sign-up|Live|Fair Work Act 2009 (Cth) ss.90, 117, 119

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Standard FT week is 38 hours.
$
For loading & payout values.
45+ with 2+ years service gets +1 week notice (s.117(3)(b)).
Some states pay LSL pro-rata only for non-voluntary termination.

Here's your entitlement

AU$1,330.00
Notice of termination: 1 weeks at base rate.
1 wks
Notice required
$1330
Weekly pay
0
Age bonus (45+/2y)
See full calculationFair Work Act 2009 (Cth) ss.90, 117, 119
ComponentFormulaValue
Years of continuous servicestart to end1.00 yrs
Base notice (s.117(3))≤1 yr1 wks
Age bonus (s.117(3)(b))+1 wk if 45+ with 2y+ serviceNo
Total noticebase + age bonus1 wks
Weekly base pay38h × $35.00$1330.00
Payment in lieu (PILON)1 × $1330.00$1,330.00
Casual exclusions.123(1)(c)Not applicable
Sarah Reid, CAHRI
Reviewed bySarah Reid, CAHRICert IV Payroll · Sydney based
Verified expert

Disclaimer: This tool does not constitute legal or financial advice. Results may be inaccurate due to changes in legislation or your circumstances. This tool does not constitute legal or financial advice. We do not recommend taking actions based solely on these results. The calculator makes assumptions and results may be inaccurate due to changes in legislation, modern awards, or your personal circumstances. You use this information at your own risk. We can't guarantee to be perfect, so do note you use the information at your own risk and we can't accept liability if things go wrong. For official guidance, visit Fair Work Ombudsman (fairwork.gov.au). Fair Work Ombudsman.

The NES minimum notice scale

Section 117 of the Fair Work Act 2009 sets the minimum notice an employer must give. It is based purely on your length of continuous service, not on your seniority or salary. Employees over 45 who have completed at least 2 years of service receive one additional week.

Continuous serviceMinimum noticeIf over 45 with 2+ years
1 year or less1 week2 weeks
More than 1 year, up to 3 years2 weeks3 weeks
More than 3 years, up to 5 years3 weeks4 weeks
More than 5 years4 weeks5 weeks
The scale is capped. Someone with 6 years of service and someone with 26 years both get 4 weeks under the NES. Longer notice for long service has to come from your award, enterprise agreement or contract.

Worked or paid out

Your employer chooses whether you work the notice period, are paid it out, or a combination of the two. If it is paid out, the amount must equal what you would have earned had you worked it, at your full rate of pay, which includes overtime, penalty rates, allowances, loadings and bonuses. That is a wider measure than the base rate used for redundancy pay, so the two figures in a redundancy often differ. The detail is in payment in lieu of notice.

If the notice is paid out, your employment ends on the day the payment is made and your leave stops accruing from that date. If you work the notice instead, you stay employed and keep accruing until your last day.

Who does not get notice

Section 123 excludes casual employees, employees engaged for a set period or season, anyone dismissed for serious misconduct, employees on a fixed-length training arrangement, and certain daily and weekly hire employees in the building, construction and meat industries. Employees on probation do get notice, and so do apprentices unless they are on a set period or dismissed for misconduct.

Related pages

For the full explanation of the entitlement, read notice of termination. If you are the one resigning, the rules are completely different and are covered in resignation notice period. To see notice combined with unused leave and redundancy pay in a single figure, use final pay or the redundancy calculator.

Q & A

Notice period questions.

Minimum notice of termination under the National Employment Standards.

How much notice does my employer have to give me?
Under section 117 of the Fair Work Act 2009 the minimum is 1 week for 1 year or less of continuous service, 2 weeks for more than 1 up to 3 years, 3 weeks for more than 3 up to 5 years, and 4 weeks for more than 5 years. Employees over 45 with at least 2 years of service get an extra week, so the NES maximum is 5 weeks.
Does the notice period include the day I was told?
No. The notice period starts the day after your employer tells you your employment is ending, and finishes on your last day of employment. If you are given one week of notice on a Tuesday, your last day is the following Tuesday.
How much notice do I have to give if I resign?
The NES scale applies to employers, not employees. Your own notice comes from your award, enterprise agreement or contract. Casual employees do not have to give notice at all. See our resignation notice period guide for the detail.
What is payment in lieu of notice worth?
It must equal the full amount you would have earned had you worked the notice period, at your full rate of pay. That includes incentive payments and bonuses, loadings, monetary allowances, overtime and penalty rates, not just your base rate.
Do casual employees get notice of termination?
No. Casual employees are excluded from the notice entitlement under section 123 of the Fair Work Act, along with employees on a set period or season and anyone dismissed for serious misconduct.
Do public holidays extend my notice period?
No. Public holidays that fall during a notice period do not extend it. A four-week notice period containing a public holiday still ends four weeks after it started.