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Your questions answered: Do employer and employee notice periods need to be the same?

By Portner Press on November 6th, 2019
  1. Industrial Instruments
  2. Fair Work Act

Q
We would like to extend the notice period to 4 weeks for all employees regardless of length of service.

Is it possible to do this just for employees, as we would be looking to keep the employer notice period to NES requirements?

Or do employer and employee notice periods need to be the same?

A
Unless it says otherwise in the employment contract or applicable award or enterprise agreement, employer and employee notice periods do not need to be the same, but generally they are. For example, clause 13.1 of the Clerks Private Award 2010 states that an employee is required to provide the same notice as the employer.

In any case, you must ensure that the period of notice you give employees does not fall below the statutory minimum in the NES.

You should also note that you cannot alter an employment contract without first providing employees with prior notice of the proposed change.

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