How long is your notice period in Australia? 1 to 5 weeks, and why recruiters ask

The notice period in Australia that an employer must give you under the National Employment Standards (NES) is 1 to 4 weeks, depending on how long you have worked there, plus 1 extra week if you are over 45 and have at least 2 years of continuous service. That makes 5 weeks the most the NES asks for. The notice has to be in writing, and the employer can either let you work it or pay it out. From a recruiter's side of the desk, notice is also the number that decides your start date with the next employer, so it is worth knowing before you apply anywhere.

What the minimum notice of termination covers

The NES are the minimum employment entitlements that every employee in the national workplace relations system must receive, whatever their award, agreement or contract says. Minimum notice of termination is one of those entitlements: it is the notice an employer has to give when it ends your employment. Fair Work's page on dismissal and notice of termination sets out the full rules.

Your contract can improve on the minimum, but it cannot cut it. A contract can't provide for less than the minimum entitlements in the award or the NES. So a contract that promises 4 weeks' notice is fine, while a clause offering a few days to someone with three years' service does not remove the NES minimum.

If you are new to the way these layers stack up, our guide to workplace rights in Australia explains how the NES, modern awards and safety laws sit under every job offer.

The NES notice table, including the over-45 week

The minimum depends on continuous service with the same employer, with one age rule on top.

Two quick readings of the table. A warehouse supervisor in Brisbane, under 45, with 4 years' service is owed at least 3 weeks. A bookkeeper in Adelaide, over 45, with 6 years' service is owed at least 5 weeks: 4 for the service, plus 1 because both age conditions are met.

The over-45 week is the line people most often miss. Someone over 45 who joined a year and a half ago gets the standard table and no extra week. The same person, six months later, picks it up.

How notice has to be given

When an employer ends your employment and you are entitled to notice under the NES, the employer must give that notice in writing. A phone call is not the notice itself.

Keep the letter or email. It is the record of when your notice started, when your employment ends and how your notice is being handled. When you read it, look for three things:

• the date your employment ends;
• whether you are expected to work the notice period;
• whether the notice is being paid out instead.

If any of those is missing, ask for it in writing before your last day.

Payment in lieu of notice: worked or paid out

Under the NES, the employer chooses how notice is given: you work the notice period, or the employer pays it out. Payment in lieu of notice simply means you receive the pay for that period instead of coming in to work it.

A paid-out notice may free you to start somewhere new sooner, but confirm your end date in writing before you promise a new employer a start date.

Pay slips must be given within 1 working day of pay day, so the slip that covers your final pay is where you check the notice payment along with anything else owed to you. Workers who want help in another language can call the Translating and Interpreting Service on 131 450 and ask them to call the Fair Work Ombudsman on 13 13 94.

Notice is not the same as redundancy pay

When a job ends because the role is no longer needed, two separate entitlements can apply, and candidates often merge them into one. Notice is about time, or pay instead of time. Redundancy pay is a separate amount based on years of service.

Under the NES, minimum redundancy pay from a non-small business employer starts at 4 weeks for at least 1 but less than 2 years of service, rises to 16 weeks for 9 to 10 years, and is 12 weeks for 10 years or more. Most small business employers don't have to pay redundancy pay under the NES, and employees with less than 12 months' service usually don't get it, though they may still be entitled to notice. Fair Work's page on redundancy pay and entitlements has the full scale.

When you resign: what a recruiter needs to hear

The NES table above is the notice an employer gives. When you are the one leaving, check the notice clause in your contract, and in your award or agreement, before you write a resignation letter. If you cannot find it, ask HR in writing how much notice they expect from you.

Here is why it matters to the next employer. When a recruiter asks for your notice period, they are working out a start date they can promise a client who usually needs someone soon. "I'm not sure" makes you look less ready than "two weeks under my contract, so I can start on a Monday a fortnight after I sign". That second answer is easy to plan around, whether you are going for administration jobs in Australia or a technical role in IT and technology.

Not sure which award covers your current job? Our guide to finding your MA000 award code shows where to look, and the same award sets the minimum pay and conditions worth checking before you accept the next offer.

If you are working in the Gulf now and planning a move to Australia, EmiratesPrime's guide to notice periods on resignation in the UAE explains how to fit your current notice between a visa grant and your start date abroad.

Sponsored workers: notice and your visa

If you hold a Skills in Demand (subclass 482) visa, the end of a job has a second layer. A 482 holder may work only in the occupation they were nominated for and only for the nominating business, or in some circumstances an associated entity. Leaving a sponsor, or being let go, affects more than your pay.

Two facts help. First, an employer can't cancel your visa: only Home Affairs can grant, refuse or cancel visas. Second, visa holders and migrant workers have the same workplace rights as everyone else, including notice and final pay. Fair Work's page for visa holders and migrant workers covers those rights in plain terms.

Before you resign from a sponsored job, or as soon as you receive notice, check your visa conditions with Home Affairs or a registered migration agent so you know your options and your timing. Employers have their own checklist when they sponsor, covered in our guide on what employers pay, prove and owe when they hire overseas workers.

Steps to handle notice when you change jobs

1. Work out your NES minimum from the table above, then find the notice clause in your contract and award or agreement.
2. Give recruiters your real notice period on the first call, with a start date you can actually keep.
3. Get the new offer in writing before you resign. Never hand in notice on a verbal promise.
4. Resign in writing, state your last day and keep a copy of what you sent.
5. Refresh your CV with your end date and your most recent duties while they are fresh; Build AI CV can help you turn those duties into clear lines for the next application.
6. Check your final pay slip against what you are owed, including any notice that was paid out.
7. If you are on a sponsored visa, check your visa conditions before your last day, not after.

Optional: a verified Talent Tabloid profile lets employers check your experience and can help your application stand out. For the habits that help you settle in once you start, see our notes on Australian workplace culture for new arrivals.

Common mistakes

• Mixing up the two directions. The NES table is what an employer must give. What you must give when you resign comes from your contract and award or agreement.
• Missing the over-45 week. If you are over 45 with at least 2 years of continuous service, add a week to the table.
• Treating a phone call as notice. NES notice from an employer must be in writing. Ask for the letter.
• Believing a short contract clause. A contract can't give you less than the NES, whatever it says.
• Treating notice and redundancy pay as one payment. They are separate entitlements with separate rules.
• Waiting too long on an unfair dismissal. An application to the Fair Work Commission must be made within 21 days of the dismissal, and you need at least 6 months with the employer, or 12 months with a small business of fewer than 15 employees. A small business that follows the Small Business Fair Dismissal Code is considered to have dismissed fairly. Fair Work's page on unfair dismissal explains who can apply.

Frequently asked questions

How much notice does an employer have to give in Australia?

Under the National Employment Standards, an employer must give at least 1 week of notice for 1 year or less of continuous service, 2 weeks for more than 1 year up to 3 years, 3 weeks for more than 3 years up to 5 years and 4 weeks for more than 5 years. The notice must be given in writing.

Can my employer pay me instead of letting me work my notice?

Yes. When you are entitled to notice under the NES, your employer can let you work the notice period or pay it out instead. Check the payment on your final pay slip, which must be given within 1 working day of pay day.

Do I get an extra week of notice if I am over 45?

Only if both conditions are met: you are over 45 years old and you have at least 2 years of continuous service with that employer. If you have been there for less than 2 years, the standard NES table applies with no extra week.

Can my employment contract give me less notice than the NES?

No. A contract can give you more than the minimum, but it can never provide for less than the minimum entitlements in the award or the National Employment Standards. A shorter notice clause does not remove your NES minimum.

Do visa holders get the same notice and final pay in Australia?

Yes. Visa holders and migrant workers have the same workplace rights and protections as all other employees, including final pay. An employer also cannot cancel your visa: only Home Affairs can grant, refuse or cancel visas, so check your visa conditions with Home Affairs or a registered migration agent when a sponsored job ends.

Key takeaways

• NES notice from an employer is 1 to 4 weeks by continuous service, plus 1 week if you are over 45 with at least 2 years' service.
• Notice must be in writing, and the employer can let you work it or pay it out.
• A contract can give you more notice, never less than the NES.
• Notice and redundancy pay are separate entitlements.
• Know your own resignation notice before you apply: it sets your start date with the next employer.