How much notice you give when you resign is set by your award, enterprise agreement or employment contract. Under the Clerks Private Sector Award it is 1 to 4 weeks, depending on how long you have worked for the employer. Your final pay must include your unused annual leave, and most awards say it must be paid within 7 days of your last day.
How much notice do you have to give when you resign?
The Fair Work Ombudsman says an award, enterprise agreement or employment contract may set out how much notice an employee needs to give. The notice period starts the day after you give notice and ends on your last day of employment.
Notice in awards is based on your continuous service with the employer. Under the Clerks Private Sector Award, an employee must give at least:
| Continuous service with the employer | Notice you give |
|---|---|
| 1 year or less | 1 week |
| More than 1 year, up to 3 years | 2 weeks |
| More than 3 years, up to 5 years | 3 weeks |
| More than 5 years | 4 weeks |
Clerks Private Sector Award 2020, clause 41.1, Table 8.
This is the same as the notice an employer must give, minus the extra week for employees over 45. That extra week doesn't apply when you resign.
Casual employees don't have to give notice when they resign. Employees with no award or agreement don't have to give notice unless their contract requires it. If the contract says nothing about notice, or there is no written contract, you might need to give reasonable notice. A contract can't give less than the minimum set out in an award or agreement.
What happens if you don't give enough notice?
Most awards say an employer can deduct up to one week's wages from your pay if you are 18 or over, you haven't given the notice your award requires and the deduction isn't unreasonable. The deduction can only come from wages owed under the award. It can't come from leave or other over-award payments. Under the Clerks award, no deduction can be made if your employer agreed to a shorter notice period.
Do you have to work out your notice period?
Your employer can't choose to accept or reject your resignation. Once it has your notice, the two of you can discuss whether you work the notice period or end it early. Ending it early can happen by agreement, or by your employer ending your employment. Your award, agreement or contract may say more.
Fair Work sets out payment in lieu of notice in its guidance on notice an employer gives. When an employer pays out notice instead of having it worked, the payment must equal the full amount you would have earned to the end of the notice period, including bonuses, loadings, allowances, overtime and penalty rates. Under the National Employment Standards it must be paid on or before the day your employment ends.
You can take annual leave during a notice period if your employer agrees. You can take sick or carer's leave if you give notice as soon as possible and evidence if asked. Public holidays don't extend the notice period.
What is in your final pay?
Your final pay is made up of:
- wages owing for the hours you worked, including penalty rates and allowances
- any annual leave owing, including annual leave loading if it would have been paid when you took leave.
If it applies, final pay can also include payment in lieu of notice, redundancy pay and accrued or pro rata long service leave. Sick and carer's leave isn't paid out when employment ends.
Unused annual leave is paid at the same amount you would have received if you took it as leave. Annual leave loading is paid out on termination even when an award, enterprise agreement or contract says it isn't. Our guide to annual leave in Australia covers how leave builds up.
When does final pay have to be paid?
Most awards require final pay within 7 days after your last day. If your award or agreement has no rule on timing, the Fair Work Act requires you to be paid at least monthly. Where the National Employment Standards require an entitlement sooner than your award or agreement, the National Employment Standards apply. Fair Work's best practice advice to employers is the next pay cycle.
How do you write a resignation letter?
You can resign verbally or in writing. The Fair Work Ombudsman says it is best practice to resign in writing and to include your last day of employment. Keep the letter short. It only needs to say you are resigning and when your last day is.
[Date]
Dear [manager's name],
Please accept this letter as notice of my resignation from my role as [job title] at [company].
My notice period is [number] weeks, so my last day of employment will be [date].
Thank you for the opportunities I have had here. I will do what I can to hand over my work before I leave.
Kind regards,
[Your name]
Check your contract or award for your notice period before you send it. If you are leaving because of how you were treated, read our guide to constructive dismissal first.
This is general information, not legal advice. Check your own award, agreement or contract for the notice that applies to you.
Sources
- Fair Work Ombudsman, Resignation (who sets notice, when the notice period starts and ends, casual and award free employees, deductions for not enough notice, accepting a resignation, ending notice early, leave during notice, resigning in writing, last updated 28 August 2026)
- Clerks Private Sector Award 2020, clause 41 (Table 8 notice periods, no age-based extra week for employees, no deduction where a shorter period was agreed, consolidated to 1 July 2026)
- Fair Work Ombudsman, Dismissal (payment in lieu of notice and what it includes, the extra week for employees over 45, last updated 28 August 2026)
- Fair Work Ombudsman, Final pay (what final pay contains, annual leave and loading paid out, sick leave not paid out, 7 days under most awards, at least monthly, payment in lieu on or before the last day, last updated 28 September 2026)
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