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Notice Period Calculator

Calculates the minimum legal notice period for resignations or terminations in Australia, based on Fair Work rules, length of service, and age.

Your details

Select whether the employee is resigning or the employer is terminating the employment.

The date on which the notice is given (or will be given).

The first day of continuous employment with this employer.

The employee's age in whole years. Only required for employer notice. If over 45 with 2+ years of service, an extra week is added.

If the employee is resigning, check your modern award or enterprise agreement. It may specify a notice period. If no award applies or you are unsure, this calculator cannot determine 'reasonable notice'. Enter 0 only if your award explicitly states 0 weeks or you have confirmed no notice is required. Otherwise, consult the Fair Work website or seek advice.

Result

Minimum notice period 4

The required notice period in whole weeks.

How it is calculated

Years of service Complete years of continuous service as of the notice date.
4
NES minimum notice (weeks) Minimum notice period under the National Employment Standards, based on years of service.
3
Age addition applies True if the employee is over 45 and has at least 2 years of service (employer notice only).
No
Total employer notice (weeks) Minimum notice an employer must give, including the age addition if applicable.
3
Required employee notice (weeks) Notice an employee must give, as specified by their award or agreement.
4
Last day of employment The last day the employee is required to work, assuming notice is worked.
29 November 2026
Keep in mind
  • This calculator provides the minimum legal notice under the Fair Work Act. Employment contracts or awards may specify longer notice periods, which would apply.
  • For employee resignations, the NES does not specify a minimum; the required notice is determined by the applicable modern award, enterprise agreement, or contract. If none specify a period, 'reasonable notice' may apply, which is not calculated here.
  • The 'Award/Agreement notice period' input is only used for employee resignations. If you enter 0, the result will be 0 weeks. This may not reflect your legal obligation if 'reasonable notice' applies.
  • The age addition (1 extra week) only applies when the employer gives notice to an employee over 45 with at least 2 years of service.

Indicative result, calculated from the details and the rules listed below. It does not replace an official calculation or advice from a professional.

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Letter of Resignation from Employment
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Notice Periods in Australia

When employment ends, either by resignation or termination, a minimum notice period is usually required by law. This period allows both parties time to adjust. The rules differ depending on who initiates the end of the employment—the employee or the employer—and are set out in the Fair Work Act 2009, modern awards, and employment contracts.

How the Notice Period is Calculated

The calculation follows a clear set of rules based on the National Employment Standards (NES).

If the Employer Terminates: The minimum notice is determined by the employee's length of continuous service:

  • Less than 1 year: 1 week
  • 1 year or more, but less than 3 years: 2 weeks
  • 3 years or more, but less than 5 years: 3 weeks
  • 5 years or more: 4 weeks

An additional week is required if the employee is over 45 years old and has completed at least two years of continuous service with the employer.

If the Employee Resigns: The NES does not set a minimum notice period. Instead, the required notice is specified in the employee's modern award or enterprise agreement. Many awards specify a notice period of 1, 2, or 4 weeks. If no award or agreement applies, the employee must provide "reasonable notice," which depends on the circumstances (e.g., seniority, role). Your employment contract may also specify a notice period.

Worked Example

Maria, aged 50, has worked for her company for 6 years. Her employer decides to terminate her position. The notice date is 1 November 2026.

  • Years of service: 6 years (more than 5)
  • Base NES notice: 4 weeks
  • Age addition: Maria is over 45 and has more than 2 years of service, so an extra week is added.
  • Total notice: 4 + 1 = 5 weeks.
  • Last day of employment: Notice date (1 Nov 2026) + 5 weeks = 6 Dec 2026.

Maria is entitled to work, and be paid for, this 5-week notice period.

Common Scenarios

Short-service employees: An employee with 8 months of service being terminated is entitled to only 1 week's notice.

Resignation under an award: A retail worker covered by the General Retail Industry Award resigning after 3 years of service must give 2 weeks' notice, as specified in that award.

End of a fixed-term contract: Notice may not be required if the contract ends on the specified date, unless the contract says otherwise.

What to Do After Calculating Your Notice Period

Once you know the required notice period, you should formalise the resignation or termination in writing. For an employee resigning, a Letter of Resignation is the standard document. It should clearly state your last day of work, calculated from the notice period. For an employer terminating an employee, a Letter of Termination of Employment is required, detailing the reason, the notice period, and final pay arrangements.

Frequently asked questions

What if my award says one week, but my contract says four?

You must follow whichever provision is more beneficial to you (the employee). If your contract provides for a longer notice period than the award, the contract generally applies. Check with the Fair Work Ombudsman if unsure.

Can I be paid in lieu of notice?

Yes, often an employer can choose to pay you for the notice period instead of having you work it. This is called "payment in lieu of notice" (PILON). The payment should equal the full pay you would have received during the notice period.

Does notice apply during probation?

Yes, the NES minimum notice periods apply from the first day of employment, even during a probationary period. However, many awards specify shorter notice periods for probation (e.g., 1 week). Check your award.

What if I'm fired for serious misconduct?

No notice period is required if an employee is terminated for serious misconduct (as defined by Fair Work). The employment can end immediately.

How is the notice date counted?

The notice period starts the day after the notice is given. If notice is given on a Monday, the first day of the notice period is Tuesday.

What if I don't give enough notice when resigning?

Your employer may withhold pay equivalent to the notice period you failed to give, but only if your award, agreement, or contract allows it. They cannot withhold other entitlements like accrued annual leave.

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