Resignation Letter (Australia)

Create a Two Weeks Notice Resignation Letter for Australia. Professionally resign with two weeks notice under the Fair Work Act 2009 National Employment Standards with a clear last day and handover commitment.

Create a Retirement Resignation Letter for Australia announcing your retirement from employment. Covers notice period requirements, superannuation access age, and graceful transition under the Fair Work Act 2009 (Cth).

Create a comprehensive Employment Contract for Australia covering all National Employment Standards, salary, leave entitlements, superannuation, termination, and confidentiality under the Fair Work Act 2009 (Cth).

An Australian Termination Letter is a formal written notice issued by an employer to inform an employee that their employment is being terminated. Under the Fair Work Act 2009 (Cth), employers must provide written notice of termination, comply with minimum notice period requirements, pay all outstanding entitlements, and observe procedural fairness to avoid unfair dismissal liability. This document is drafted in accordance with the National Employment Standards (NES) under Part 2-2 of the Fair Work Act 2009 (Cth) and the Superannuation Guarantee (Administration) Act 1992 (Cth). What is an Australian Termination Letter? A Termination Letter (also called a notice of termination of employment, a dismissal letter, or a separation notice) is a written document that formally ends the employment relationship. It is required under the Fair Work Act 2009 (Cth) s 117, which provides that an employer must not terminate an employee's employment unless the employer has given the employee written notice of the day of termination, or has paid the employee in lieu of the notice period. For employees who have completed a minimum employment period (generally six months, or one year for small business employers with fewer than 15 employees under s 383), failure to follow the correct dismissal process can lead to an unfair dismissal application to the Fair Work Commission. When is a Termination Letter Required? An Australian Termination Letter is required in the following situations: when an employer terminates an employee for cause (misconduct or unsatisfactory performance), when an employer terminates employment without cause (no-fault termination), at the end of a probationary period, where a position is being eliminated but the termination does not constitute a genuine redundancy under s 389, and in any other situation where the employment relationship is ended by the employer's initiative. For genuine redundancies, a Redundancy Letter should be used instead. Where serious misconduct justifies summary dismissal (under the Fair Work Regulations 2009 reg 1.07), no notice period is required, but a written record of the dismissal is still strongly recommended. Key Elements of an Australian Termination Letter A compliant Australian Termination Letter should include the following elements: 1. Employer and employee identification: Full legal names, entity type (e.g. Pty Ltd), job titles, department, and commencement date. 2. Type of termination: Whether the termination is for cause (misconduct or performance), serious misconduct (summary dismissal), no-fault, or end of probation. 3. Reason for termination: A clear factual explanation of the reason for termination. The Fair Work Act 2009 (Cth) s 387(a) requires that, to avoid an unfair dismissal finding, the reason for dismissal must be sound, defensible, and well-founded. 4. Notice period: The applicable notice period under the Fair Work Act 2009 (Cth) s 117, calculated on the basis of continuous service. A five-week minimum applies to employees aged 45 or over with at least two years of continuous service. 5. Notice arrangement: Whether the employee will work out the notice period or receive a payment in lieu of notice (PILON). 6. Final pay entitlements: Wages to the termination date, accrued but unused annual leave (which must be paid out on termination under the NES), any applicable long service leave, and payment in lieu of notice. 7. Superannuation: Superannuation contributions at the applicable Superannuation Guarantee rate under the Superannuation Guarantee (Administration) Act 1992 (Cth) must be paid on all ordinary time earnings in the final pay period. 8. Redundancy pay (where applicable): Employees with at least one year of continuous service who are made genuinely redundant are entitled to redundancy pay under the Fair Work Act 2009 (Cth) s 119. 9. Return of company property: A list of company property the employee must return, with a deadline. 10. Continuing obligations: A reminder that post-employment confidentiality, non-disclosure, and restraint of trade obligations continue to apply. 11. Fair Work rights: Information about the employee's right to lodge an unfair dismissal or general protections application within 21 days of the dismissal taking effect. This template is suitable for use across all Australian states and territories — New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory, and the Northern Territory — for employers in the national workplace relations system.

An Australian Employment Offer Letter is a formal written document issued by an employer to a successful job applicant, setting out the key terms and conditions of the proposed employment relationship. It serves as the foundation for the employment contract and, once accepted by the applicant, creates a binding agreement between the parties. This template is drafted in accordance with the Fair Work Act 2009 (Cth), the National Employment Standards (NES), the Superannuation Guarantee (Administration) Act 1992 (Cth), and the Fair Work Information Statement (FWIS) requirements. What is an Employment Offer Letter? An Employment Offer Letter (also known as a letter of offer, a job offer letter, or an engagement letter) is a written communication from an employer offering a candidate a position of employment. It typically includes the job title, department, reporting line, commencement date, remuneration, leave entitlements, probationary period, notice period, and any special conditions of the offer. Once signed and returned by the applicant, the letter of offer — together with any accompanying employment agreement — forms the written employment contract. Under Australian law, an employment relationship can arise from an oral agreement, but a written offer letter significantly reduces the risk of disputes about the agreed terms. When is an Employment Offer Letter Needed? An Employment Offer Letter is needed whenever an Australian employer wishes to offer a candidate a position of employment, whether full-time, part-time, fixed-term, or casual. It is best practice to issue a written offer letter in all cases, regardless of employment type, to ensure that both parties have a clear record of the agreed terms before employment commences. Key Elements of an Australian Employment Offer Letter A comprehensive Australian Employment Offer Letter should include the following key elements: 1. Employer details: Full legal name and ABN of the employer. The ABN is required for superannuation and payroll tax purposes. 2. Applicant details: Full name, address, email, and phone number of the successful candidate. 3. Position details: Job title, department, employment type (full-time, part-time, fixed-term, or casual), reporting manager, primary work location, and the applicable Modern Award or enterprise agreement (or confirmation that the employee is award/agreement-free). 4. Commencement date: The proposed start date of employment. 5. Probationary period: The length of any probationary period. Under the Fair Work Act 2009 (Cth) s 383, the minimum employment period for unfair dismissal purposes is 6 months from commencement for most employers (or 12 months for small business employers with fewer than 15 employees). A 6-month probationary period aligns with this threshold. 6. Remuneration: The annual base salary or ordinary rate of pay, payment frequency, and superannuation arrangements. Superannuation at 11.5% of ordinary time earnings is compulsory under the Superannuation Guarantee (Administration) Act 1992 (Cth). The rate will increase to 12% from 1 July 2025. All employees must be paid at least the National Minimum Wage or the applicable Modern Award minimum rate. 7. Performance bonus or incentive (if applicable): Details of any discretionary or contractual bonus or commission arrangement. 8. Leave entitlements: Under the National Employment Standards (NES) in Part 2-2 of the Fair Work Act 2009 (Cth), all full-time and part-time employees are entitled to a minimum of 4 weeks of paid annual leave, 10 days of paid personal/carer's leave, 2 days compassionate leave per occasion, community service leave, unpaid parental leave of up to 12 months (with the right to request a further 12 months), and the right to take public holidays. 9. Long service leave: Accrues under the applicable state or territory long service leave legislation and varies across New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory, and the Northern Territory. 10. Notice period: The notice required by either party to terminate the employment relationship. Must not be less than the statutory minimums under the Fair Work Act 2009 (Cth) s 117. 11. Additional benefits: Any benefits offered above the statutory minimum, such as equipment, flexible working, professional development, or health insurance. 12. Pre-employment conditions: Any conditions that must be satisfied before the employment commences, such as right-to-work verification, police checks, or reference checks. Employers must verify an employee's right to work in Australia under the Migration Act 1958 (Cth). 13. Fair Work Information Statement: Under the Fair Work Act 2009 (Cth), employers must provide the FWIS to all new employees before or as soon as practicable after commencement. 14. Acceptance mechanism: A clear statement of the offer expiry period and how the applicant should accept the offer. This template is suitable for use across all Australian states and territories, including New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory, and the Northern Territory.