Fair Work Notice Period Calculator (Australia)
Work out the minimum notice period your employer must give you under the National Employment Standards (NES), plus the exact last day worked. This calculator follows the Fair Work Act 2009 rules: 1 to 4 weeks based on continuous service, with an extra week if you are 45 or older and have at least 2 years of service.
How the NES notice period works
Section 117 of the Fair Work Act 2009 sets the minimum notice an employer must give an employee on termination. The amount depends on how long the employee has been continuously employed. The calculator above applies these rules automatically.
| Continuous service | Minimum notice (NES) | If aged 45+ with 2+ years service |
|---|---|---|
| Less than 1 year | 1 week | 1 week (bonus does not apply) |
| 1 to 3 years | 2 weeks | 3 weeks |
| 3 to 5 years | 3 weeks | 4 weeks |
| 5 or more years | 4 weeks | 5 weeks |
Source: National Employment Standards, Fair Work Act 2009 (Cth). See the Fair Work Ombudsman notice of termination fact sheet for the official version.
The age 45+ bonus week
If you are 45 years or older on the day the notice is given and you have completed at least 2 years of continuous service with the employer, you receive an additional 1 week of notice on top of the standard minimum. This is sometimes called the "older worker" provision.
The bonus does not apply if you have less than 2 years of service, regardless of age. The age test runs at the notice date, not the start date.
When the NES minimum doesn't apply
The minimum notice period under the NES does not apply in these situations:
- Casual employees — no minimum notice from either side, by definition of casual employment.
- Serious misconduct — if you are dismissed for serious misconduct (defined in the Fair Work Regulations), the employer can terminate without notice.
- Fixed-term or task-based contracts ending on the originally agreed date or task completion.
- Daily-hire employees in the building, construction, or meat industries (specific rules apply).
- Seasonal employees employed for a specific season.
- Independent contractors — you are not an employee, so the NES does not cover you.
Even where the NES minimum doesn't apply, your award, registered agreement or contract may still require notice.
Resignation: do you have to give the same notice?
The NES sets the minimum notice the employer must give when terminating an employee. It does not directly set the notice an employee must give when resigning.
Your obligation when resigning is set by:
- Your employment contract — check the notice clause.
- Your modern award or enterprise agreement — many awards specify resignation notice (commonly 1-4 weeks based on tenure).
- Your common-law obligation to give "reasonable notice" if neither contract nor award says — in practice usually 1-4 weeks.
If you don't give the notice your contract requires, your employer can sometimes deduct an amount equal to the unworked notice from your final pay — but only if the award or agreement permits it and the contract complies with section 324 of the Fair Work Act.
Worked notice vs payment in lieu
When the employer gives notice, they can either:
- Require you to work the notice period and pay you normally during it, OR
- Pay you in lieu of notice — one lump sum equivalent to the wages you would have earned during the notice period — and end your employment immediately, OR
- A combination — e.g. require 1 week's work and pay 2 weeks in lieu for a 3-week notice.
Payment in lieu must include all amounts you would have earned, including allowances and incentive pay you would normally have received during the notice period.
How to check if your award or contract sets a longer notice
- Find your modern award. Use the Fair Work Ombudsman Find My Award tool. Search for your occupation and industry.
- Read the "Termination of employment" clause. Most modern awards have a section that sets out notice requirements for both employer and employee.
- Check your employment contract. Look for a "Termination" or "Notice" clause. The longer of the contract, the award and the NES applies.
- If unclear, call the Fair Work Infoline on 13 13 94. The service is free.
Need to confirm the dates?
Use the Days From Date Calculator to find exactly what date is N days or weeks from any given date.
Open Days From Date CalculatorFrequently asked questions
Official sources
- Fair Work Ombudsman — Notice of termination and redundancy pay fact sheet
- Fair Work Ombudsman — Official Notice & Redundancy Calculator (P.A.C.T.)
- Fair Work Ombudsman — Ending employment, notice & final pay
- Fair Work Act 2009 (Cth) on Federal Register of Legislation
This calculator and guide are general information only and not legal advice. Your specific entitlements depend on your award, contract, and personal circumstances. For tailored advice, contact the Fair Work Ombudsman on 13 13 94 or speak to an Australian employment lawyer.