What's my notice period if my contract refers to the Fair Work Act?

Q

quinofishrebel

New Member
FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 117 - Employee notice to terminate

Hi all,

I was reviewing my employment agreement to confirm my required notice period on resignation, and since the contract just defers to the Fair Work Act, no fixed period is specified. The FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 117 only outlines required notice for employers. It doesn’t outline any for employees. I’m not award covered.

Does this mean I have no contractually defined notice obligation as the resigning party? E.g., my notice could be 0 to any number of weeks.

I've copied the language below.

_________________________________

In the event that either you or EMPLOYER decides to terminate your employment, the notice of termination that each party must give to the other!in writing is provided for in the National Employment Standards of the Fair Work Act 2009 (Cth). If either you or EMPLOYER terminates your employment, EMPLOYER may choose to make a payment to you in lieu of part or all of this notice. During any period of notice, EMPLOYER may require you to not attend work and/or perform lesser or alternative duties.
 
1 yr or less: 1 wk
1–3 yrs: 2 wks
3–5 yrs: 3 wks
5+ yrs: 4 wks
45+ (w/ 2+ yrs service): +1 wk

Any question, just shoot me a PM btw, I'm a union official and tbh happy to help a little.
 
An employee not covered by an award or agreement doesn’t have to give notice before resigning. However, their employment contract may require it. A contract can’t provide less than the legal minimum in awards and agreements. If the contract says nothing about notice or there’s no written contract the employee might still need to give reasonable notice.
 
In most jobs I’ve had, you usually give notice equal to your pay period so if you're paid fortnightly, that's two weeks' notice. But it really depends on how long you've been there. If you've been with them for over 10 years, it's often a bit longer.
 
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