Your Fair Work redundancy entitlements: the plain-English version.
What the Fair Work Act requires your employer to provide when making you redundant. Notice, pay, leave, and consultation.
Why this matters.
The Fair Work Act 2009 sets minimum standards for redundancy in Australia. These are the floor, not the ceiling. Your contract, award, or enterprise agreement may provide more. Knowing the minimum helps you check whether your employer's offer is compliant.
How it works in Australia.
Under the NES, your employer must provide: redundancy pay (based on years of service, see the payout calculator spoke); notice of termination (1 to 5 weeks depending on length of service, plus an extra week if you are over 45 and have at least 2 years of service); payment of untaken annual leave; and consultation obligations.
Consultation means your employer must discuss the redundancy with you (and your union, if applicable) before making a final decision. They must tell you why the redundancy is happening, how many roles are affected, and what alternatives were considered. This is a legal obligation under most modern awards.
If you believe the redundancy is not genuine, or that the consultation process was not followed, you can lodge a dispute with the Fair Work Commission within 21 days of being told.
Small businesses (fewer than 15 employees) are exempt from NES redundancy pay but still must provide notice.
Source: Fair Work Ombudsman, fairwork.gov.au/ending-employment/redundancy.
What to do next.
Compare your employer's offer against the NES minimums. If anything is missing (notice, redundancy pay, leave payout), raise it with your employer in writing first. If they do not fix it, call Fair Work on 13 13 94. You have 21 days to lodge an unfair dismissal or general protections claim if you believe the process was unfair.
Once the administrative side is sorted, focus on your next move. Browse the five pathway families at /pathways or take the free Career Change Check to see which roles match your background.
Related guides.
Not sure where to start? See where people in your kind of work went to see which roles match your background.
Common questions about fair Work redundancy entitlements Australia
This page provides general information about workplace rights in Australia. It is not legal advice. For advice about your specific situation, contact the Fair Work Information Service or a qualified professional.
- Fair Work Ombudsman 13 13 94
References: Fair Work Act 2009 (Cth) s.119; Fair Work Act 2009 (Cth) s.121.
Verify at fairwork.gov.au.
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