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Notice periods

From 1 January 2010, the National Employment Standards (NES) replace the non-pay rate provisions of the Australian Fair Pay and Conditions Standard (the Standard).

Notice of termination forms part of the NES.

What's a notice period?

A notice period is the amount of notice an employer must give an employee if they plan to terminate the employee's employment.

Under the NES if an employer terminates the employment of a permanent employee they must provide at least the following notice:

Period of continuous service Notice period
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

The relevant notice period increases by 1 week if the employee is over 45 years old and has completed at least 2 years' continuous service with the employer.

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Page last updated: 17 September 2010