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.
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When a team member in Western Australia hands in their resignation, you want a clear and confident plan for what happens next. How much notice are they required to give? Can you bring their finish date forward? What should go into their final pay?
In WA, the rules depend on whether you’re covered by the national Fair Work system or WA’s state system - and on what your contract, award or enterprise agreement says. With the right process (and the right documents), you can protect your business, keep operations running smoothly and wrap things up on good terms.
In this guide, we’ll walk through how resignation notice works for WA employers, the steps to follow when someone resigns, and the options available if you need flexibility around the end date.
How Does Resignation Notice Work In WA?
Start by confirming which industrial relations system applies to your business in Western Australia. Many WA businesses are covered by the national Fair Work system (for example, incorporated companies). Some unincorporated employers fall under the WA state system. Your obligations around resignation notice are very similar across both, but how you check and enforce them can differ.
For national system employers, an employee’s obligation to give resignation notice usually comes from three places:
- Employment contract terms that set an employee notice period.
- A modern award or enterprise agreement clause that prescribes employee notice.
- Workplace policies that support how notice is given and managed (noting these can’t override contracts or awards).
For state system employers in WA, you’ll typically look to the relevant WA award/industrial agreement or contract for the resignation notice period. In both systems, it’s best practice to ensure your Employment Contract clearly states how much notice an employee must give and how it is to be provided (for example, in writing to a manager).
If you’re unsure what applies, it’s helpful to review your contracts against any applicable award and compare them with national guidance on Resignation Notice Periods.
What Notice Period Should You Expect?
There’s no single “one-size” resignation notice period across WA. The correct amount depends on the role, any applicable award or enterprise agreement, and what your contract says.
Common scenarios
- Award-covered employees: Many modern awards set employee notice between 1-4 weeks, often scaling with the employee’s length of service. Some awards adjust notice if the employee is under 18.
- Senior or award-free roles: Where no award applies, your Employment Contract usually sets the notice period. It’s common to see 4 weeks (or more for senior positions).
- Casual employees: Casuals do not typically have to give notice, unless your agreement says otherwise. Check the award and contract to be sure.
- Probation: During probation, notice is often shorter if your contract says so. It’s still wise to confirm terms carefully and follow fair process (see also termination processes during probation in our broader guidance).
Whatever the scenario, your first step is to check the award/enterprise agreement and then the contract to see which clause applies and whether any minimums in the award override the contract.
Managing A Resignation Step-By-Step
Once an employee resigns, a consistent, transparent process protects your business and sets expectations clearly for everyone.
1) Acknowledge The Resignation In Writing
Ask for a written resignation if you haven’t received one already. Confirm the notice period you believe applies, the last day of work, how handover will occur and when final pay will be processed.
2) Check The Applicable Notice Period
Review the employee’s contract side-by-side with the relevant award/enterprise agreement. If both set a notice period, apply the arrangement that complies with the award’s minimums and your agreement.
3) Decide How The Notice Will Be Worked
Consider whether you want the employee to work the notice fully, partly, or not at all. Where appropriate, you can explore options such as Garden Leave or paying out notice instead of having them work it (more on this below).
4) Plan Handover And Access
Line up handover tasks and clarify access (for example, shared drives, client files, tools and keys). Update confidential information and revoke access in a staged, secure way.
5) Finalise Leave And Final Pay
Confirm any unused annual leave or long service leave that must be paid out, reconcile allowances or commissions, and set a timeline to process Final Pay in accordance with your award/contract and best practice.
6) Keep Communication Positive And Documented
Document decisions and maintain a respectful tone. This reduces the risk of disputes and helps you protect client relationships and team culture.
Can You Change The Finish Date? (Earlier Or Later)
Sometimes you need flexibility - perhaps to protect sensitive information, manage client risk or free up payroll sooner. You have a few lawful options, provided your contract and award permit them and you act consistently.
Payment In Lieu Of Notice
You can agree with the employee to end employment earlier and pay out the notice instead of having it worked. If your contract allows, you can also direct early termination with a payout of the notice period. For the legal and practical steps involved, see Payment In Lieu Of Notice.
Directing Garden Leave
If your contract includes a garden leave clause, you may direct the employee not to work during the notice period while they remain employed and on pay. This can help protect confidential information and client relationships. Learn how this works in practice under Garden Leave.
If The Employee Won’t Work Their Notice
It’s common for employees to ask to shorten their notice or to simply not work the full period. You can negotiate an earlier end date. If the contract/award requires a set notice and the employee leaves early without agreement, consequences (like limited deductions) depend on the award/contract rules, which we cover in our guide on Employee Not Working Notice Period.
Leave, Deductions And Final Pay In WA
Three issues cause the most confusion at resignation: annual leave during notice, sick leave and whether deductions are permissible if notice isn’t given. Here’s how to handle them confidently.
Annual Leave During Notice
Employees can generally request annual leave during a notice period. You can approve or refuse requests based on reasonable business needs. Any unused annual leave must be paid out at the end of employment. We unpack the details in Annual Leave On Resignation.
Sick Leave And Evidence
If an employee is unwell during notice, they can use accrued personal (sick) leave in line with your policies and any requirements for medical evidence. Apply your policy consistently and keep written records of approvals and certificates provided.
Deductions For Insufficient Notice
In limited situations, if a contract or award requires notice and an employee leaves without providing it, an employer may be able to deduct up to a capped amount (for example, up to one week’s wages under certain national system rules) - but only if the award/agreement allows it and any statutory rules are met. If you’re considering this step, first check your award/contract, ensure the deduction is lawful and reasonable, and review your obligations around Withholding Pay.
Final Pay Timing And Contents
Final pay should include wages up to the last day, any payout of unused annual leave (and, where applicable, long service leave), outstanding allowances/commissions, and any agreed notice or Payment In Lieu Of Notice. While timing rules can vary by award or agreement, best practice is to process it on or as soon as practical after the employee’s last day. For a practical checklist, see our guide to Final Pay.
Prevent Problems With Clear Contracts And Policies
Most resignation headaches are avoidable with clear contracts and consistent processes. If your contracts or policies are silent (or outdated), it’s much harder to manage notice, protect business information or direct garden leave.
- Ensure each role has a tailored Employment Contract that sets resignation notice, method of notice, handover requirements, and options like garden leave or payment in lieu where appropriate.
- Align contracts with any applicable award or enterprise agreement so minimum standards are met or exceeded.
- Adopt a simple offboarding procedure covering written acceptance, access revocation, property returns, confidentiality reminders and final pay steps.
If you’re updating contract templates or scaling your team, it’s worth revisiting your overall settings for notice and offboarding to ensure they match your current operations and risk profile.
Quick WA-Specific Considerations
Because WA has both national and state industrial systems, double-check which system you fall under before enforcing deductions, relying on an award clause or applying national system rules about employee notice.
- Incorporated companies are generally in the national system and should follow the Fair Work framework.
- Unincorporated businesses and certain not‑for‑profits may fall under WA’s state system and should check the relevant WA award/industrial agreement for resignation notice and deductions rules.
If in doubt, seek advice before withholding any amount from final pay or making a decision that relies on a specific legal power under a system you’re not fully certain applies to you.
Key Takeaways
- In WA, an employee’s resignation notice usually comes from the award/enterprise agreement and their contract - confirm which industrial system you’re in and check both.
- Casuals typically don’t have to give notice; most permanent roles do, with 1-4 weeks common depending on the award and contract.
- You can often adjust the finish date with Payment In Lieu Of Notice or by directing Garden Leave if your contract allows.
- Annual leave can be taken or paid out at the end; manage sick leave consistently and keep good records during the notice period.
- Deductions for insufficient notice are tightly controlled - only proceed if clearly permitted by the award/contract and lawful in your system.
- Clear, up-to-date Employment Contracts and a simple offboarding process prevent most resignation disputes and help you issue accurate Final Pay.
If you’d like a consultation on managing resignation notice periods in Western Australia for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.
