# Response

**Controlling Act:** Fair Work Act 2009 (Cth)

## (a) Notice of Termination — s 117

Under s 117(3) of the Fair Work Act 2009 (Cth), the minimum notice period scales with continuous service:

| Period of continuous service | Minimum notice |
|---|---|
| Not more than 1 year | 1 week |
| More than 1 year, not more than 3 years | 2 weeks |
| More than 3 years, not more than 5 years | 3 weeks |
| More than 5 years | 4 weeks |

The employee has 6 years of continuous service, placing them in the "more than 5 years" band → **4 weeks**.

s 117(3)(b) adds an extra week if the employee is over 45 years of age **and** has completed at least 2 years of service. Here the employee is under 45, so this addition does not apply.

Because the employer is paying out the notice period instead of requiring it to be worked, s 117(1)–(2) is satisfied by payment in lieu under s 117(1), calculated at the same number of weeks.

**Minimum notice owed: 4 weeks (paid in lieu).**

## (b) Redundancy Pay — s 119

Under s 119(2) of the Fair Work Act 2009 (Cth), redundancy pay scales with continuous service as follows:

| Period of continuous service | Redundancy pay |
|---|---|
| At least 1 year, less than 2 years | 4 weeks |
| At least 2 years, less than 3 years | 6 weeks |
| At least 3 years, less than 4 years | 7 weeks |
| At least 4 years, less than 5 years | 8 weeks |
| At least 5 years, less than 6 years | 10 weeks |
| At least 6 years, less than 7 years | 11 weeks |
| At least 7 years, less than 8 years | 13 weeks |
| At least 8 years, less than 9 years | 14 weeks |
| At least 9 years, less than 10 years | 16 weeks |
| At least 10 years | 12 weeks |

The employee has 6 years of continuous service (at least 6, less than 7 years) → **11 weeks**.

The employer is not a small business employer, so the small business exemption in s 121(1)(b) (which would otherwise excuse redundancy pay) does not apply, and the s 119 entitlement is payable in full.

**Redundancy pay owed: 11 weeks of base pay.**

## Summary

- (a) Notice of termination: **4 weeks** (Fair Work Act 2009 (Cth) s 117)
- (b) Redundancy pay: **11 weeks** (Fair Work Act 2009 (Cth) s 119)