Pay redundancy under NES (s 119 FW Act)
Redundancy pay scale 0-16 weeks based on continuous service (small business exempt).
highcurrentevent driven
Who must comply
National-system employers (excl. small business for NES) + per award.
What triggers it
Genuine redundancy termination.
When due
At termination payment.
Evidence required
Service records; redundancy calculation; pay record.
Max penalty
Civil penalties for underpayment; underpayment recovery
Summary
NES s 119 sets minimum redundancy pay scale (0 weeks <1yr service through to 16 weeks at 10+ years). Small business employers (<15 employees) exempt. Award + agreement provisions may be more generous.
Enforced by
Source legislation
Topics
workplaceredundancynes
Related obligations
- CWLTHProvide minimum notice of termination (NES s 117)NES minimum notice of termination scales from 1 week to 5 weeks based on service + age 45+.
- 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 redundancy under NES (s 119 FW Act)?
- National-system employers (excl. small business for NES) + per award.
- What triggers redundancy under NES (s 119 FW Act)?
- Genuine redundancy termination.
- When is redundancy under NES (s 119 FW Act) due?
- At termination payment.
- What is the maximum penalty for redundancy under NES (s 119 FW Act)?
- Civil penalties for underpayment; underpayment recovery
- What evidence is required for redundancy under NES (s 119 FW Act)?
- Service records; redundancy calculation; pay record.
Source: https://fairwork.gov.au/ending-employment/redundancy. Rules Mate is not a law firm. Always verify against the live regulator source before acting.