How Long Should Your Notice Period Be?

A long notice period refers to the extended amount of time an employee or employer must give before ending an employment relationship. While long notice periods when resigning from a job aren’t too common, they can affect your transition into a new role. 

In Australia, there’s no single universal rule for how long a notice period should be. The length depends on the employment contract, any relevant award or enterprise agreement, and the Fair Work Act 2009 (Cth). 

Understanding these rules is essential for both employers and staff, as they affect resignations, terminations, and contractual obligations on both sides. 

In this article, we’ll talk in-depth about notice periods. We’ll examine the factors that determine the length of notice periods, as well as address other frequently asked questions.

What is a notice period when resigning? 

A notice period is the time an employee or employer must give the other before the employment relationship officially ends. 

For employees, it begins on the day they submit their resignation and continues until their final working day. This period gives both parties time to prepare — employees can finalise outstanding tasks, and employers can plan for replacements or handovers.

Notice periods serve several purposes:

• They provide continuity and stability in the workplace.
• They allow the departing employee to finish important projects.
• They ensure the employer can plan ahead to fill the vacant role smoothly.

There are three main types of notice periods when resigning in Australia: 

1. Contractual notice: The period agreed upon in the employment contract.
2. Award or enterprise agreement notice: Terms specified under an applicable award or enterprise agreement.
3. Default Fair Work notice: If neither the contract nor an award specifies notice, the Fair Work Act sets out minimum notice requirements.

Typical notice periods vary by role and tenure. Here’s a quick snapshot:

Length of Service	Typical Employee Notice Period	Typical Employer Notice Period
Less than 1 year	1 week	1 week
1–3 years	2 weeks	2 weeks
3–5 years	3 weeks	3 weeks
5+ years	4 weeks	4 weeks (plus 1 week if employee is over 45 and served 2+ years)

A long notice period and what it means 

In Australia, a long notice period generally refers to one that lasts six weeks or more. Some professional and senior positions may require up to 12 weeks, especially where employers can expect a lengthy handover or recruitment process.

Common sectors with longer notice periods include:

Industry / Role	Typical Long Notice Period
Professional services (law, finance, consulting)	8–12 weeks
Senior management/executive roles	8–12 weeks
Healthcare (clinicians, specialists)	6–10 weeks
Education (teachers, academic staff)	6–10 weeks
Public sector or government roles	6–12 weeks

A reasonable long notice period reflects the nature of the role, the time employers need to train a replacement, or the business impact of the departure. 

However, you could face an unreasonable notice period in Australia if it unfairly restricts your ability to change jobs or is disproportionately long compared to notice periods in similar roles within the industry.

Here are some signs that your notice period may be excessive:

• It exceeds 12 weeks without a strong operational reason.
• It’s applied inconsistently across similar employees.
• It was not clearly explained or negotiated when you signed the contract.
• It significantly delays your career progression or financial security.

Are long notice period legal in Australia? 

If you’ve agreed to it in your employment contract, then a long notice period can be legal in Australia. Employment law generally upholds the freedom to negotiate contract terms, including notice periods. However, any such clause must still meet a “reasonable” standard.

Legality depends on several key considerations:

1. Reasonableness: Courts can rule a period unenforceable if they deem it unreasonable or a restraint of trade.
2. Awards and agreements: If an employee’s award or enterprise agreement specifies a shorter period, that rule overrides the contract.
3. Contracts without clauses: If the contract is silent on notice, the Fair Work Act sets default minimum notice requirements based on the employee’s length of service (1–4 weeks, plus one additional week for employees with long tenure).

Essentially, a long notice period is lawful only if it’s balanced, transparent, and agreed upon by both parties.

Can I refuse to work a long resignation notice period?  

Employees often ask: “Can I just refuse to work my 12-week notice period?” The short answer is not without risk. 

When you sign an employment contract, the notice clause becomes a binding term. Refusing to serve the full notice could technically amount to a breach of contract.

That said, you have several alternatives. You can: 

• Negotiate a shorter period. Discuss a compromise, such as four weeks’ notice with a full handover plan.
• Offer a handover plan. Document your key responsibilities and assist in transition planning.
• Request to use annual leave during part of the notice period.
• Seek early release if the employer can fill your role quickly.

Scenario 1: “I have a 12-week notice period, but a new job starts in 4 weeks.”

You could explain your new opportunity and propose a structured handover. Many employers will agree to release you earlier if you help train your successor or finish critical tasks.

Scenario 2: “My employer won’t release me early — what now?”

If the employer insists on enforcing the full period, you could technically resign at the end of 12 weeks or discuss whether payment in lieu of notice applies. Leaving early without agreement may result in forfeiting some entitlements or exposing you to deductions if your contract permits.

From the employer’s perspective, they can:

• Deduct pay in lieu of notice (only if clearly allowed under the contract or award).
• Refuse to pay certain entitlements if the employee fails to provide the required notice.

However, employers and employees often reach a mutual agreement because forcing a disengaged employee to stay rarely benefits either party.

If you are facing a significant issue with a long notice period, consider consulting an employment lawyer, who can help you navigate the situation. 

Can I refuse an employee’s resignation? 

An employer cannot legally refuse your resignation in Australia. Resignation is a unilateral right; once an employee provides written notice, the employer must accept it.

What the employer can do, however, is enforce the contractual notice period. This means they can require you to work (or pay in lieu) for the agreed timeframe. Refusing to work through that period without consent could result in deductions or loss of entitlements.

Employers are still expected to act reasonably and may choose to release you early or pay you for part of the notice if both sides agree.

Notice periods for award-covered employees

For employees under modern awards or enterprise agreements, the notice obligations differ slightly. The Fair Work Act 2009 (Cth) sets minimum notice periods that increase with continuous service. You must follow the greater of the two — either what’s stated in the award or in the contract.

Importantly, awards and agreements override contracts when they provide more favourable conditions. For instance, if your contract specifies six weeks but your award allows only four, the award’s minimum applies unless the longer period is agreed upon voluntarily and isn’t unreasonable.

Some awards specify fixed notice terms for resignation or termination. For example:

• The Clerks – Private Sector Award requires one to four weeks based on length of service.
• The Health Professionals Award or Teachers Award may have longer requirements due to operational cycles.

Always check the award relevant to your role at www.fairwork.gov.au or seek legal advice if unsure.

Failing to work your full notice period

If you fail to work your full notice, the outcome depends on what’s written in your contract or award. The main consequences include:

Non-Compliance Situation	Potential Consequence
Employee leaves early without agreement	The employer may deduct wages equivalent to the unworked notice period (if allowed under the contract/award).
Employee doesn’t give any notice	Loss of notice pay; possibly recorded as “did not complete notice period.”
Employer asks you to leave immediately	They must pay you in lieu of notice.
Employee leaves before the employer accepts the resignation	Still considered resignation; contractual notice rules apply.

Note that legally, deductions from final pay are permissible only if the award, enterprise agreement, or contract specifically allows it and the deduction doesn’t reduce pay below the minimum wage.

That said, money isn’t your only concern. You may also face strained relationships with previous supervisors, which can affect references or future opportunities. Your reputation can also suffer, especially in smaller, tightly knit industries. 

To reduce risk, always communicate openly and confirm any early departure in writing.

Negotiating a shorter notice period

If your notice period feels unreasonably long or doesn’t suit your circumstances, negotiation is the most effective approach. The key is to maintain professionalism while explaining your reasons.

Here are some practical steps:

1. Raise the topic early: Don’t wait until your final week to bring it up.
2. Provide clear reasons: Explain that you have a new opportunity starting soon or personal commitments that make a 12-week commitment impractical.
3. Offer value: Suggest ways to ease the transition, such as training your replacement.
4. Document the agreement: Confirm any approved reduction in writing to avoid confusion.

Here’s a simple negotiation script you can adapt:

Dear [Manager’s Name], Thank you for your understanding regarding my resignation. While I acknowledge that my contract specifies a 12‑week notice period, I’m requesting an early release after 4 weeks due to [state your reason briefly]. To assist with a smooth handover, I’ll [outline what you can do — e.g., finalise current projects, prepare written documentation, or train a team member]. I appreciate your attention to this request and am open to discussing arrangements that work best for the team. Kind regards, [Your Name]

Employers are often willing to negotiate when they see genuine cooperation and well‑considered reasoning. Remaining professional preserves goodwill and helps you leave on the best possible terms.

How Lawpath can help

Navigating long notice periods in Australia can be a complex process. Whether you’re facing a 12‑week notice clause, unsure about Fair Work entitlements, or negotiating an early release, understanding your rights and obligations is vital.

Lawpath helps employees and employers simplify these issues by providing:

• Access to experienced employment lawyers for quick, affordable consultations.
• Custom employment contract reviews to check if your notice clause is fair and enforceable.
• Guidance on drafting or negotiating resignation letters and settlement agreements.
• Resources on the Fair Work Act, modern awards, and workplace compliance.

By getting proper legal advice before acting, you can save yourself from breaches, disputes, and unnecessary stress. Whether you’re an employee trying to transition gracefully or an employer managing departures fairly, having Lawpath on your side ensures you make informed, lawful decisions every step of the way.