Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Restructures and downturns are tough. If you’re planning redundancies, knowing exactly how to calculate redundancy pay in Australia will help you stay compliant, treat people fairly and reduce the risk of disputes.
This guide walks you through what counts as a genuine redundancy, when redundancy pay is required, how to do the calculation step by step, and the key compliance traps to avoid. We’ll also touch on state coverage, Services Australia paperwork and how tax treatment works at a high level so you can manage the process with confidence.
If your situation is complex or sensitive, it’s wise to speak with an employment lawyer before you press go.
What Is Redundancy In Australia?
Redundancy happens when a role is no longer required by your business due to operational changes, a restructure, technology, cost-saving or similar reasons. It’s about the job, not the person’s performance.
A “genuine redundancy” generally requires that:
- The job is no longer required to be performed by anyone because of changes in your operational requirements.
- You’ve complied with any consultation obligations under an award or enterprise agreement.
- There was no reasonable alternative role within your business or an associated entity.
If a redundancy is genuine and the employee is eligible, statutory redundancy pay (sometimes called severance pay) will apply unless an exception in the National Employment Standards (NES) or an industrial instrument says otherwise.
When Is Redundancy Pay Required?
Redundancy pay under the NES usually applies to permanent (full-time or part-time) employees who have completed at least 12 months of continuous service with an employer that is not a small business employer.
No redundancy pay is owed where any of the following apply:
- Small business employer: You have fewer than 15 employees at the time of dismissal. When counting, include employees of associated entities and regular and systematic casuals.
- Under 12 months’ service: The employee hasn’t reached one year of continuous service.
- Excluded categories: The employee is a casual, an apprentice, or was employed for a specified period of time, a specified task, or a season (fixed-term or task-based employment). Redundancy pay is also not payable where termination is for serious misconduct.
- Ordinary and customary turnover of labour: In some industries, employment ends at predictable stages (for example, the end of a season). In those cases, the NES may not require redundancy pay.
Check any modern award or enterprise agreement that covers your workplace, as it may alter or add to these rules. If in doubt, get tailored redundancy advice before you finalise decisions.
How To Calculate Redundancy Pay: Step‑By‑Step
Here’s a simple, compliant way to work out redundancy pay in Australia under the NES for eligible employees.
1) Confirm Continuous Service
Calculate the employee’s continuous service with your business. Paid leave (such as annual leave and personal/carer’s leave) counts as service. Periods of unpaid leave or unpaid authorised absence typically do not count as service (but they generally don’t break continuity). Some specific unpaid absences (for example, community service leave) may be treated differently under the Fair Work framework.
2) Find The Minimum Entitlement In The NES Table
Once you know the years of continuous service, match it to the NES redundancy pay scale for national system employers:
- 1 year but < 2 years - 4 weeks’ pay
- 2 years but < 3 years - 6 weeks’ pay
- 3 years but < 4 years - 7 weeks’ pay
- 4 years but < 5 years - 8 weeks’ pay
- 5 years but < 6 years - 10 weeks’ pay
- 6 years but < 7 years - 11 weeks’ pay
- 7 years but < 8 years - 13 weeks’ pay
- 8 years but < 9 years - 14 weeks’ pay
- 9 years but < 10 years - 16 weeks’ pay
- 10 years and over - 12 weeks’ pay
Note: After 10 years, the NES entitlement reduces to 12 weeks due to how long service interacts with the redundancy entitlement in Australia.
3) Apply The Employee’s Base Rate Of Pay
Multiply the entitlement in weeks by the employee’s base rate of pay for ordinary hours at the time of termination.
Base rate of pay excludes bonuses, overtime, penalties, loadings and allowances, unless a contract, award or enterprise agreement says otherwise.
Example: If an employee has 4 years and 5 months of service and earns $1,000 per week at their base rate, the minimum redundancy pay would be 8 weeks × $1,000 = $8,000 (before tax withholding).
4) Consider Any Contract, Award Or EA Variations
Employment contracts or industrial instruments may provide more generous redundancy benefits, or specify how certain payments interact (for example, set‑off provisions). Always check the applicable document before communicating figures to staff.
5) Add Other Final Payout Components (Separate From Redundancy)
On top of redundancy pay, you also need to finalise other entitlements on termination. These are separate amounts and are not part of the redundancy calculation itself:
- Accrued but unused annual leave.
- Long service leave (if applicable under state/territory laws and the employee’s service).
- Notice or payment in lieu of notice (unless the employee works out their notice or an exception applies).
Bringing it together in a clear, itemised final pay summary can help prevent confusion and disputes. For larger or more complex terminations, many employers also provide a short guide or use a calculator-style worksheet similar to our overview on how to calculate redundancy pay.
Structuring A Redundancy Package (Beyond The Minimum)
While the NES sets a minimum, many employers offer a broader redundancy package to support staff and reduce risk. A package typically includes:
- Statutory redundancy pay (per the NES table).
- Accrued annual leave and, if applicable, long service leave.
- Notice or pay in lieu.
- Ex‑gratia amounts (a discretionary top‑up), and/or non‑cash support such as outplacement, career coaching or access to wellbeing services.
When offering benefits above the minimum, most employers document the agreed terms in a Deed of Release and Settlement to minimise future claims and provide clarity for both sides.
State, Services Australia And Tax Considerations
Coverage across states and territories: Most private sector employers in Australia are covered by the federal system and the NES, including in South Australia. Some public sector roles or employees covered by legacy state instruments may have different rules, so check any applicable award or agreement if you’re outside the national system.
Services Australia (Centrelink) paperwork: Redundancy payments can affect an employee’s access to income support. Former employees often ask for a Separation Certificate to assist with claims. Make sure you issue this promptly; see our guide on employer separation certificates for what to include.
Tax treatment and super: Genuine redundancy payments are taxed differently to ordinary wages, and parts of a genuine redundancy may be tax‑free up to ATO‑set caps. Superannuation is generally not payable on redundancy pay (it is usually payable on ordinary time earnings, not on the redundancy component). This is tax information only – Sprintlaw does not provide tax advice. Always confirm withholding and reporting with your accountant or tax adviser before you process payments.
Common Mistakes, Documents And Compliance Tips
Small errors can become expensive quickly. Here are frequent pitfalls and how to stay on top of them.
Frequent Calculation And Process Errors
- Miscounting service: Forgetting that paid leave counts as service, but most unpaid leave does not; or overlooking prior service with an associated entity.
- Incorrect headcount: Misclassifying regular and systematic casuals when assessing small business employer status (they’re included in the count).
- Using the wrong pay rate: Applying allowances, bonuses or loadings to redundancy pay when the NES requires the base rate of pay, unless a contract or instrument says otherwise.
- Missing consultation obligations: Not consulting affected employees under an award or EA before a decision is finalised.
- Mixing up components: Folding annual leave or long service leave into redundancy rather than itemising each component separately.
- Late or incomplete final pay: Delaying payment, or missing items like notice in lieu. A checklist or guide such as calculating final pay can help you keep track.
Documents You’ll Typically Need
- Redundancy/Entitlements Letter: An itemised breakdown of the payments (redundancy, notice, leave) and timing.
- Termination Letter (Redundancy): Confirms the redundancy decision, last day of work, and any obligations about returning property.
- Deed of Release and Settlement: Used when you provide ex‑gratia or other benefits above minimums to resolve claims on agreed terms.
- Separation Certificate: Supports Services Australia applications; ensure accuracy and prompt delivery.
- Updated employment records: Keep compliant records for payroll, tax and super.
Practical Compliance Tips
- Plan your consultation steps early and document every meeting and offer of redeployment.
- Confirm award/EA coverage and check for any redundancy or consultation clauses that change the default NES approach.
- Give employees clear written summaries of how figures were calculated, including the NES table reference and base rate applied.
- Where packages go beyond minimums, use a deed and consider referring employees to seek independent advice before signing.
- For complicated restructures, obtain employment law advice early so you can sequence consultation, selection, redeployment and payments correctly.
Key Takeaways
- Redundancy is about a role no longer being required - if the redundancy is genuine and the employee is eligible, you must pay statutory redundancy under the NES unless an exception applies.
- Work out the correct entitlement by confirming continuous service, applying the NES weeks table, and multiplying by the base rate of pay for ordinary hours (excluding allowances, loadings and bonuses unless a specific instrument says otherwise).
- Itemise final pay components separately: redundancy pay, notice or payment in lieu of notice, accrued annual leave and any long service leave due.
- Packages that go beyond the minimum are common; document extras with a Deed of Release and Settlement to reduce future risk.
- Provide a Separation Certificate promptly; see our guide for employer separation certificates so former employees can access Services Australia support.
- Tax treatment for genuine redundancy is different to regular wages and may include tax‑free thresholds; confirm the correct withholding with your tax adviser as Sprintlaw does not provide tax advice.
- If your circumstances are complex, get tailored redundancy advice so you can consult properly, calculate accurately and pay on time.
If you’d like a consultation on redundancy calculations, packages or compliance for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.








