Notice Periods When You Resign in Australia (and Final Pay)

How much notice you must give when you resign🔗

There is no single universal resignation notice for every Australian worker. The notice you must give is set by:

• Your modern award (the industry or occupation award covering your role)
• Your enterprise agreement (if your workplace has one)
• Your employment contract (often 1 to 4 weeks, sometimes longer for senior roles)

If none of those specify a resignation notice, a “reasonable notice” standard may apply, assessed case by case. In practice most awards set employee notice at 1 to 4 weeks, often tied to length of service. The single best thing you can do: look up your award or agreement on the Fair Work Ombudsman website. It takes about five minutes and removes the guesswork. And do not assume it matches the NES employer scale (next section): confusing the two is the most common mistake.

The notice your employer must give you (NES)🔗

The National Employment Standards (NES) set the minimum notice your employer must give (or pay in lieu of) when they end your employment. This is not the notice you give when you resign.

So a 47-year-old with 4 years of service is owed at least 4 weeks (3 for the service band, plus 1 for age). Many awards happen to set employee resignation notice at similar periods, but that is a coincidence of structure, not the same rule.

What is in your final pay🔗

Your final pay should include everything you have earned and accrued:

• Outstanding ordinary wages up to and including your last day
• Accrued but unused annual leave, paid out in full (a legal entitlement, not a favour), plus any applicable leave loading
• Long service leave, depending on your state or territory and length of service
• Redundancy pay, if your role is genuinely redundant and you are eligible

When your final pay must be paid🔗

Your employer cannot sit on your final pay indefinitely. It should generally be made on your last day, or as soon as reasonably practicable after. Many modern awards go further and specify within 7 days of your last day, though your award or agreement may differ. If it is late, raise it with your employer first; if that does not resolve it, the Fair Work Ombudsman can help.

Working your notice, pay in lieu, and garden leave🔗

• Working your notice is the default: you give notice, work through it, and finish on the agreed date.
• Pay in lieu of notice: the employer pays out the notice period instead of having you work it, and employment ends sooner.
• Garden leave: you stay employed and paid, but are not required (or allowed) to come in, often to protect client relationships or confidential information. You remain an employee until the notice ends.
• Annual leave during notice: by agreement between you and your employer, you may be able to take annual leave during the notice period. It is not automatic.

Practical tips for resigning well🔗

• Resign in writing and keep a copy: it creates a clear record of your notice start date.
• Check your contract first for the required notice, handover obligations and any post-employment restrictions.
• Watch for restraint / non-compete clauses, which are separate from notice and may limit your next role. Enforceability varies, so get advice if unsure.
• Hand over professionally: document your work and brief your replacement. Your reputation follows you.

❓ Frequently asked questions🔗

Keep reading🔗

• Annual leave payout: what you get and how it is taxed
• Redundancy pay in Australia: what you are entitled to
• Long service leave: how much you get and when
• Sick leave in Australia (and why it is not paid out)