Employee notice periods and changing them

Can you change employee notice periods? We were recently asked this question.

Our employees currently provide notice based on their years of service but we would like to extend this for every one to four weeks. Can we do this and keep the employer notice period to the National Employment Standard (NES) requirements? Or does this need to be the same?



Typically employer and employee notice periods are the same, however, this isn’t necessarily the requirement. Firstly, check the employment contract, applicable award and/or enterprise agreement. What are the requirements outlined? In the Clerks Private Award 2010 for example, it states the notice period for the employee must be the same as the employer.

When making changes, make sure the employee notice period you provide does not fall below the minimum requirements in the NES.

Lastly, you need to communicate any changes. You must provide employees with notice of proposed changes before implementing them.


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