How Much Notice Does an Employer Need to Give in Australia?
Last updated: June 2026
Minimum Notice Periods Under the Fair Work Act
When an employer ends your employment in Australia, they must give you the minimum notice set out in the Fair Work Act 2009 — or pay you an equivalent amount instead.
The minimum notice period depends on how long you have worked continuously for that employer:
| Continuous service | Minimum notice |
|---|---|
| Less than 1 year | 1 week |
| 1–3 years | 2 weeks |
| 3–5 years | 3 weeks |
| 5 years or more | 4 weeks |
If you are over 45 and have completed at least 2 years of continuous service, you are entitled to an extra week of notice on top of the amounts above.
Payment in Lieu of Notice
Your employer does not have to let you work out your notice period. They can end your employment immediately and pay you the amount you would have earned during the notice period. This is called payment in lieu of notice and is treated as ordinary wages for tax purposes.
Modern Awards and Enterprise Agreements
The Fair Work Act sets the minimum. Your employment contract, modern award, or enterprise agreement may give you more notice than this. You are always entitled to whichever is higher.
Serious Misconduct Exception
If your employer dismisses you for serious misconduct — such as theft, fraud, physical violence, or a serious safety breach — they are not required to give notice or payment in lieu. Ordinary misconduct or poor performance does not qualify.
If Your Employer Doesn't Give Proper Notice
An employer who fails to give the required notice or payment in lieu owes you a debt equal to the shortfall. You can lodge a complaint with the Fair Work Ombudsman (13 13 94) or make an underpayment claim to the Fair Work Commission.
Key Points
- Most employees are entitled to 1–4 weeks' minimum notice depending on length of service
- Employees over 45 with 2+ years' service get one extra week
- Your employer can pay you out instead of having you work out the notice period
- Serious misconduct is the only exception that removes the notice obligation entirely
- Your contract or award may give you more than the legal minimum