Provide minimum notice of termination (NES s 117)
NES minimum notice of termination scales from 1 week to 5 weeks based on service + age 45+.
highcurrentevent driven
Who must comply
National-system employers.
What triggers it
Termination of employee.
When due
Notice prior to termination, or payment in lieu.
Evidence required
Termination letter; payment records.
Max penalty
Civil penalty for underpayment; underpayment recovery
Summary
Section 117 Fair Work Act + NES sets minimum notice of termination: 1 week (<1yr), 2 weeks (1-3yr), 3 weeks (3-5yr), 4 weeks (5+yr); +1 week additional if 45+ years old + 2+ years service. Awards or contracts may extend.
Enforced by
Source legislation
Topics
workplaceterminationnes
Related obligations
- CWLTHPay redundancy under NES (s 119 FW Act)Redundancy pay scale 0-16 weeks based on continuous service (small business exempt).
- CWLTHProvide 10 days paid family + domestic violence leave (FDV)Paid FDV leave for all employees: 10 days per year (full-time + part-time + casual).
- CWLTHAvoid sham contracting (s 357 Fair Work Act)Employer must not misrepresent employment as contractor relationship.
- CWLTHEmployee-like worker minimum standards (Closing Loopholes No. 2 2024)FWC can set minimum standards for 'employee-like' workers (gig economy).
- CWLTHSame job same pay (labour hire reform)Labour hire workers entitled to same minimum pay as direct employees on host site.
- CWLTHCasual employment definition + conversion (Closing Loopholes 2024)New casual employment definition + employee choice pathway from 26 August 2024.
Frequently asked questions
- Who must comply with minimum notice of termination (NES s 117)?
- National-system employers.
- What triggers minimum notice of termination (NES s 117)?
- Termination of employee.
- When is minimum notice of termination (NES s 117) due?
- Notice prior to termination, or payment in lieu.
- What is the maximum penalty for minimum notice of termination (NES s 117)?
- Civil penalty for underpayment; underpayment recovery
- What evidence is required for minimum notice of termination (NES s 117)?
- Termination letter; payment records.
Source: https://fairwork.gov.au/ending-employment/notice-and-final-pay. Rules Mate is not a law firm. Always verify against the live regulator source before acting.