Australia notice period calculator

Under the Fair Work Act 2009 (s.117), the minimum notice period depends on your length of continuous service: less than 1 year — 1 week; 1–3 years — 2 weeks; 3–5 years — 3 weeks; 5+ years — 4 weeks. If you are over 45 and have completed at least 2 years of continuous service, you are entitled to an additional 1 week.

Your employer can either require you to work your notice period or pay you in lieu of notice (PILON). If paid in lieu, the payment must be at least equal to your full base rate of pay for the notice period (plus any other entitlements you would have received had you worked). Some modern awards and enterprise agreements require more.

The Fair Work Act minimum notice applies to national system employees — most private sector employees in Australia. Some workers are covered by state industrial relations systems (notably in WA for non-constitutional corporations) and may have different rules. Workers covered by a modern award or enterprise agreement may be entitled to longer notice periods than the statutory minimum.

Yes, if there is serious misconduct (serious and wilful misconduct, theft, fraud, assault, or a serious safety breach) — your employer can dismiss you without notice (summary dismissal). However, if the employer cannot demonstrate genuine serious misconduct, summary dismissal may be an unfair dismissal, entitling you to claim at the Fair Work Commission.

There is no statutory minimum notice an employee must give on resignation — it is governed by your employment contract or modern award. Most contracts specify 2–4 weeks. If you resign without giving the required notice, your employer may withhold pay for the unworked notice period (if the contract permits) or pursue a breach of contract claim, though this is uncommon in practice.