Notice Period Rules for WA Employers

If you employ staff in Western Australia, notice periods can feel deceptively simple - until you’re dealing with a resignation, a termination, a restructure, or an employee who stops showing up mid-notice.

From an employer’s perspective, getting the notice period right matters for more than compliance. It affects handovers, customer service, payroll, team morale, and your risk of disputes after someone leaves.

This practical guide is designed to help you understand notice period rules in WA and how to manage common scenarios with confidence - including resignations, termination, payment in lieu of notice, and what to document so your business is protected.

What Does “Notice Period” Mean In WA (And Why It Matters For Your Business)?

A notice period is the amount of time between when employment is ended and when the employee’s last day of work occurs.

From an employer’s point of view, the notice period is important because it:

gives you time to plan staffing and rosters
helps ensure a proper handover of duties, access, and company property
reduces the likelihood of operational disruption
sets clear expectations (which can prevent conflict)

When people search for a notice period in WA, they’re often trying to find a single number (for example, “is it 1 week or 4 weeks?”). In practice, the right notice period depends on a few layers:

The Fair Work Act 2009 (Cth) (often the main source for minimum notice when an employer terminates)
A modern award or enterprise agreement (which can set additional rules)
The employment contract (which can set a longer notice period and other exit processes, as long as it remains lawful)
WA state employment rules (which may apply to some state system employees)

Because WA has both national and state industrial relations coverage depending on your business and the employee, it’s worth checking which system you’re in before you assume the rules are identical across every workplace.

Which Laws Set Notice Periods In WA For Small Businesses?

For many WA small businesses, notice periods are governed by the national system (Fair Work). In other cases, WA state laws may apply.

1) The Fair Work Act (National System Employers)

If you’re a national system employer, the Fair Work Act sets the minimum notice of termination you must provide when you dismiss an employee (unless a lawful exception applies, such as serious misconduct).

These minimums are a baseline only. An award, enterprise agreement, or contract may require more.

2) Awards And Enterprise Agreements

A modern award can set specific notice requirements or interact with notice in other ways (for example, how rosters are changed, consultation requirements, or final pay timing). Enterprise agreements can also set tailored rules.

Even if your employee is “award-free”, the Fair Work Act minimum notice rules can still apply.

3) Employment Contracts

Your contract is where you can clarify the “how” of the notice period: resignation method, handover requirements, return of company property, garden leave (if appropriate), and what happens if you choose to pay out notice instead.

If you don’t have a written agreement, you’re relying on minimum legal rules and whatever can be proven from past conduct - which is rarely ideal during an exit.

For many employers, having a tailored Employment Contract in place is one of the simplest ways to reduce misunderstandings about notice from day one.

What Is The Minimum Notice Period In WA When You Terminate An Employee?

In many WA workplaces, the minimum notice you must give (when you terminate) is determined by the employee’s length of continuous service under the Fair Work Act (unless an exception applies). As a general guide, the minimum notice of termination is:

1 week if the employee has worked for you for 1 year or less
2 weeks if the employee has worked for you for more than 1 year up to 3 years
3 weeks if the employee has worked for you for more than 3 years up to 5 years
4 weeks if the employee has worked for you for more than 5 years

An extra 1 week is added if the employee is over 45 and has completed at least 2 years of continuous service.

These are minimums only. Your employee’s award, enterprise agreement, or employment contract may require more notice (or additional steps).

In practice, the question we help employers answer isn’t just “what’s the minimum?” but also:

Is the employee covered by an award or enterprise agreement with extra requirements?
Does the contract specify a longer notice period?
Is this a redundancy (which can trigger additional obligations, including consultation and redundancy pay)?
Are there conduct/performance issues that require a procedural process before termination?

If you want a structured way to check what notice you may need to provide in different situations, it can help to cross-check the factors in Calculating Employee Notice Periods.

What About Termination During Probation?

Probation often causes confusion for small businesses. A “probation period” does not automatically mean “no notice”. In many cases, the Fair Work Act minimum notice above can still apply from the start of employment (unless the employee is a casual employed on an irregular basis and not covered by notice provisions, or you are lawfully summarily dismissing for serious misconduct).

If you’re ending employment early, make sure you still:

check any contract terms about notice during probation
check any award provisions
pay all final entitlements correctly
follow a fair and documented process (especially if performance is involved)

This area is worth handling carefully, particularly where the employee is approaching unfair dismissal eligibility (including the minimum employment period). For more context on common pitfalls, Termination During Probation is a useful reference point.

When You Can Terminate Without Notice

There are limited situations where an employer may be able to terminate without notice (or payment in lieu), such as where there is serious misconduct and summary dismissal is justified.

Because “serious misconduct” is a high bar and frequently disputed, it’s important not to treat this as a shortcut. If you’re considering summary dismissal, it’s usually worth getting advice before you act, particularly if you’re relying on allegations that require investigation and procedural fairness.

What Notice Must Employees Give In WA When They Resign?

Employers often focus on the notice you must give when terminating - but resignations can be just as disruptive for your business, especially when you’re operating with a lean team.

An employee’s resignation notice period can come from:

their employment contract (best case scenario for clarity)
a modern award or enterprise agreement
in some cases, workplace policies or accepted practice (though this can be harder to enforce)

It’s common for employees to assume they can simply give “two weeks” because they’ve heard it elsewhere. But the correct resignation notice period in WA depends on the documents and rules that apply in your workplace.

If you’re unsure what’s typical across Australia (and how it can apply in a WA workplace), Resignation Notice Periods explains the common frameworks employers use to manage resignations in a compliant way.

Can An Employee Leave Without Working Their Notice?

Yes - it happens. Sometimes an employee resigns “effective immediately”, stops attending shifts, or provides notice but refuses to perform a proper handover.

From a practical perspective, your priorities should be to:

confirm the resignation in writing (even if it was verbal)
set out the intended last day of employment based on the notice they gave (or should have given)
secure company property, access, devices, and confidential information
manage the operational handover (clients, accounts, passwords, projects)
calculate final pay correctly and on time

Whether you can deduct money because an employee didn’t give (or work) the required notice is legally sensitive. In many cases, you can’t simply withhold wages, and deductions are generally only permitted if they’re authorised in writing by the employee and are lawful (and some awards include specific rules). If you’re considering any deduction, check the contract/award carefully and get advice first.

Payment In Lieu Of Notice And Garden Leave: Practical Options For WA Employers

Sometimes you’ll want an employee to finish up quickly - for example, where there’s a breakdown in the relationship, concerns about confidential information, or you simply want to move forward without a prolonged transition.

Two options employers often consider are payment in lieu of notice and garden leave.

Payment In Lieu Of Notice

Payment in lieu of notice means you end the employment now, and you pay the employee what they would have earned if they worked their notice period.

This can be a useful tool when:

you want a clean break and minimal disruption
you don’t want the employee at the workplace during the notice period
you need to fill the role quickly

However, it needs to be handled carefully so you’re paying the correct amounts (and not missing other entitlements). If you’re weighing up whether paying out notice is appropriate, Payment In Lieu Of Notice is a helpful starting point for employers.

Garden Leave

Garden leave is where the employee remains employed during their notice period, continues to be paid, but you direct them not to attend work (or not to perform normal duties).

This may be relevant where:

you want to remove access to sensitive systems and information
you want to avoid workplace disruption while still keeping the employee “on the books” for the notice period
your contract allows it (this is important)

If your contract doesn’t clearly cover garden leave, directing an employee not to work may create legal and practical issues. It’s worth ensuring your employment documentation supports the approach you want to take.

Common WA Notice Period Scenarios (And How To Manage Them As An Employer)

Below are some real-world notice period scenarios we regularly see in small businesses, and the practical steps that can help you stay compliant and reduce risk.

1) Redundancy And Notice Periods

If you’re making a role redundant, notice is only one part of the picture. Redundancy can also trigger obligations such as:

consultation requirements (often in awards/agreements)
redeployment considerations
redundancy pay (depending on the business size and employee eligibility)

Because redundancy costs can add up quickly, it helps to estimate likely payouts early, including notice, accrued leave and redundancy pay. Many employers use a guide like the redundancy calculator to get an initial sense of what may be payable.

2) The Employee Is On Leave During The Notice Period

It’s not unusual for an employee to resign and then request to take leave during their notice period (for example, annual leave). Whether you can refuse annual leave will depend on the circumstances (including operational needs) and whether the refusal would be reasonable. Other types of leave (like personal/carer’s leave) have different rules and generally can’t be refused if the employee is entitled and provides the required evidence.

Regardless of the scenario, have the conversation early and confirm arrangements in writing - it’s much easier to manage leave and handover expectations when both sides are clear about dates and responsibilities.

3) Casual Employees And Notice Periods

Casual employment can be tricky because “casual” doesn’t always mean “no notice obligations”. Some modern awards set minimum notice periods for casuals in certain situations, and your contract may also address notice expectations. But in many workplaces, casuals can generally end employment without notice (and be ended without notice) unless an award/contract says otherwise.

Also keep in mind that casual shift patterns, rosters, and cancellations can raise separate compliance issues beyond notice itself, especially if you frequently change shifts at short notice.

4) Small Business Employers And Unfair Dismissal Risk

Notice is just one part of a lawful termination. Even if you give the correct notice (or payment in lieu), you still need to consider:

whether there is a valid reason (capacity, conduct, redundancy)
whether you’ve followed a fair process (warnings, opportunity to respond, investigation where relevant)
whether you’ve complied with any award/enterprise agreement requirements

If you’re a small business employer, it’s also important to be across the minimum employment period and (where relevant) the Small Business Fair Dismissal Code.

From a risk-management standpoint, employers often benefit from using consistent processes and templates (and getting advice when a termination is complex).

5) Getting The Final Pay Right

Notice issues often become “final pay” disputes. When someone leaves, you’ll typically need to calculate and pay:

ordinary wages up to the last day
any applicable payment in lieu of notice (if you’re ending immediately)
accrued but unused annual leave
leave loading (if applicable)
any other contractual entitlements or agreed payments

Final pay mistakes are one of the fastest ways to turn a straightforward exit into a complaint. Good record-keeping and a consistent offboarding checklist can make a huge difference.

Key Takeaways

Notice period rules in WA depend on the legal framework that applies to your workplace - often the Fair Work Act, plus any award/enterprise agreement and your employment contract.
When you terminate an employee, minimum notice is usually linked to length of service (and may increase by 1 week for some employees over 45), but exceptions and extra obligations can apply.
When an employee resigns, the notice they must give often comes from the contract or award - and relying on “common practice” alone can cause disputes.
Payment in lieu of notice can be a practical option when you need a quick exit, but it must be calculated and documented properly.
Redundancy, probation, leave during notice, and casual arrangements can all change how notice should be handled - and they can trigger extra compliance steps beyond notice alone.
Clear employment documentation and a consistent offboarding process help protect your business, reduce disruption, and lower the risk of post-exit disputes.

If you’d like help with notice periods, termination paperwork, or putting the right employment documents in place for your WA business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.