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National Employment Standards · 2026-27 tax

What a redundancy actually pays

The weeks you are owed, the notice on top, and what survives tax — including the cap that quietly shrinks as your salary rises, which is where most payouts get taxed harder than expected.

Fair Work + ATO · verified

Entitlements and rates verified against the official sources — how we check.

Base rate only. Redundancy pay excludes penalties, allowances, loadings and overtime.

How big is the employer?

Salary already earned since 1 July, plus anything else taxable. This eats into the whole-of-income cap.

In your hand, after tax

$37,440

From a package of $40,000, after $2,560 of tax on the parts that are taxed.

You keep $37,440Tax $2,560

How it’s made up

Redundancy pay, 16 weeks$32,000
Notice paid in lieu, 4 weeks$8,000
Tax-free limit at 9 years$74,807
Sheltered by it$32,000
Taxed under the whole-of-income cap$8,000
Tax on the taxed parts−$2,560
In your hand$37,440

The whole-of-income cap has $110,000 left after your other income this year.

What reaches you

Your unused annual and long service leave are not in this figure. They are paid out separately and taxed under their own schedule, so your final pay will be larger than the total above. General information only — not financial, tax or employment advice.

The table really does go down at ten years

Redundancy pay climbs with service until nine years, then falls. Sixteen weeks at nine years becomes twelve at ten, and stays there however long you stay after that. On the salary in the form that is $32,000 against $24,000 — the loyal year costs $8,000.

People assume this is a mistake, or their employer being difficult. It is neither. It is what the National Employment Standards say, and it has been that way since they began.

Weeks of pay at each length of service. The last band is the one people query.

NES minimum redundancy pay by completed years of continuous service
Completed years of serviceRedundancy payOn $104,000 a year
1 to under 2 years4 weeks$8,000
2 to under 3 years6 weeks$12,000
3 to under 4 years7 weeks$14,000
4 to under 5 years8 weeks$16,000
5 to under 6 years10 weeks$20,000
6 to under 7 years11 weeks$22,000
7 to under 8 years13 weeks$26,000
8 to under 9 years14 weeks$28,000
9 to under 10 years16 weeks$32,000
10 years or more12 weeks$24,000

Source: Fair Work Ombudsman — Redundancy pay (Fair Work Act 2009 s119). Awards and agreements can provide more, never less.

Two entitlements, two different pay rates

Redundancy pay and notice are separate things, and they are not paid at the same rate. This catches anyone who earns more than their base rate.

How redundancy pay and payment in lieu of notice are calculated differently
Redundancy payNotice paid in lieu
Paid atBase rate for ordinary hoursWhat you would have earned working it out
Includes penalties and overtimeNoYes
Includes loadings and allowancesNoYes
If you have under 12 months serviceNothingStill payable
Tax-free limit appliesYesNo

The two are paid at different rates in the same final pay. Anyone who normally earns penalties or allowances is paid less per week for redundancy than for notice, and a calculator using one rate for both is wrong on at least one of them.

Who gets no redundancy pay at all

The exclusions are broader than most people expect, and the small business one is the biggest. A business with fewer than 15 staff owes nothing under the NES — but the count is not just the people you see each day. Count everyone employed at the time of the redundancy: the employees being made redundant, other full and part-time employees, casuals engaged on a regular and systematic basis, and all employees of associated entities including those based overseas.

  • Less than 12 months of continuous service
  • Employed for a specific period of time, project or season
  • Terminated for serious misconduct
  • A casual employee
  • A trainee employed only for the length of the training arrangement
  • An apprentice

Someone with under 12 months service usually gets no redundancy pay but may still be entitled to notice. The two entitlements are separate.

And the two lists are not the same list, which catches people out. Notice has its own exclusions — casuals, fixed-term and seasonal work, serious misconduct, and daily or weekly hire in a few named industries. The sharpest difference is apprentices: An apprentice gets NO redundancy pay under the NES but DOES get notice of termination, unless they were employed for a set period or fired for serious misconduct. The two lists are not interchangeable.

The small business exemption has a narrow exception running the other way. An employer that became a small business by downsizing may still owe redundancy pay, but only where all of these hold, and Fair Work notes further rules besides: the employer is bankrupt or in liquidation; the employee is not covered by an award or agreement containing an industry-specific redundancy scheme; the redundancies that led to the employer becoming a small business happened on or after 15 December 2023. We do not model it.

Some awards replace the NES scheme entirely, including the Black Coal Award, Building and Construction Award, Joinery Award and others. We do not model individual awards; if yours is on that list, it is the award that governs, not this page.

The cap that shrinks while you are not looking

Two caps govern how a termination payment is taxed, and which one applies depends on what the payment is — not on how big it is. This is the part that separates a real answer from weeks times salary.

Genuine redundancy pay above the tax-free limit is an excluded payment. It gets the ETP cap of $270,000, which is generous and, unlike the other cap, is not reduced by the rest of your income. Payment in lieu of notice, a golden handshake, unused sick leave and anything ex gratia are non-excluded, and they get whichever is smaller: the ETP cap, or the whole-of-income cap.

One thing this calculator does not model. The ETP cap is a single annual amount, and the ATO reduces it by any earlier employment termination payment in the same income year — and by any earlier payment for the same termination. This page gives the excluded and non-excluded parts the full cap each, which is right for one termination paid once, and too generous if you have already received an ETP this year. It matters only if your payments together approach $270,000. We do not ask for earlier payments, so rather than guess at them we are telling you.

The whole-of-income cap starts at $180,000, is not indexed, and is reduced by every other dollar of taxable income you earn that year. Earn $150,000 before being made redundant and only $30,000 of it is left. Earn more than $180,000 and there is none, so the whole non-excluded component is taxed at 47% instead of 32%.

Which cap applies to each kind of termination payment
PaymentCap that applies
Genuine redundancy and early retirement scheme payments above the tax-free limitETP cap only — $270,000
Non-genuine redundancy that would have been genuine but for retirement or pension ageETP cap only — $270,000
Invalidity payments outside the tax-free componentETP cap only — $270,000
Golden handshakes and gratuitiesThe smaller of the two caps
Non-genuine redundancy paymentsThe smaller of the two caps
Payments in lieu of noticeThe smaller of the two caps
Payments for unused sick leave or unused rostered days offThe smaller of the two caps

In the majority of cases the whole-of-income cap is the lower of the two, so it is the one that applies to non-excluded payments.

One practical consequence: when in the financial year you are let go can matter as much as how much you are paid. The same package in a fresh income year meets a cap that nothing has eaten into yet.

What is not in the figure above

Unused annual and long service leave paid on termination are NOT part of a genuine redundancy payment and are not an ETP. They are taxed under their own schedule, which is not modelled here.

  • Salary, wages or allowances owing for work already done
  • Unused annual leave and leave loading paid on termination
  • Unused long service leave paid on termination
  • Payments in lieu of superannuation benefits

Your accrued annual leave is usually the largest of those, and if leave loading would have applied to it, the payout has to include the loading too. That is worth checking against your final payslip line by line.

It is taxed differently because you were made redundant. On a GENUINE REDUNDANCY the withholding is a flat 32% on unused annual leave and leave loading whenever they accrued, and 32% on long service leave accrued after 17 August 1993. That is simpler than the normal-termination case, where post-1993 leave is taxed at marginal rates instead.

So the leave payout on a redundancy is usually simpler to check than one on a resignation: a flat rate, not a marginal-rate calculation folded into a pay period. Two more things from the same schedule. Nothing is withheld for a study loan from it — the STSL line explains why that still leaves a bill at assessment. And if you have not given your employer a tax file number, the rate is 47%.

Not modelled, and the reason is the accrual dates. Splitting a balance across the pre-1978, 1978-1993 and post-1993 bands needs records almost nobody has to hand, and getting it wrong would misstate the payout. The flat 32% for a genuine redundancy is stated on the page because it needs no such split. Source: ATO — Schedule 7: Tax table for unused leave payments on termination of employment (QC107125), published 17 June 2026.

Frequently asked questions

Why does redundancy pay go down after ten years?
It is not a mistake in the table and it is not your employer shortchanging you. Nine years of service earns 16 weeks; ten earns 12. On the salary above that is $32,000 against $24,000, so a year of extra loyalty costs $8,000. The historical reasoning is that long service leave becomes payable around the same point and was expected to fill the gap. Whether it does depends on your state and your award, which is a separate entitlement this page does not compute.
My employer says I get nothing. Can that be right?
Often, yes. Three situations account for most of it: fewer than 15 employees across the business and its associated entities, less than twelve months of continuous service, or casual employment. None of those is unusual and none is a loophole. What is worth checking is whether the head count includes casuals engaged regularly and staff of related companies, including any based overseas — that is how a business that feels small can turn out not to be. And notice is a separate entitlement, so being excluded from one does not exclude you from the other.
Is redundancy pay tax free?
Up to a limit that grows with your service, and then not at all. The limit is $13,598 plus $6,801 for every completed year, which at 9 years is $74,807 — comfortably more than most packages, which is why many people pay nothing on the redundancy component itself. The part that catches people is that this shelter covers the redundancy payment only. Notice paid in lieu sits outside it and is taxed from the first dollar.
Why was my payout taxed more than I expected?
Usually the whole-of-income cap. It starts at $180,000, is not indexed, and — the part nobody mentions — is reduced by every other dollar of taxable income you earn that year. Made redundant in May on a large salary and the cap can be gone entirely, at which point a golden handshake is taxed at 47% rather than 32%. The same payment made in August, in a fresh income year, could be taxed at less than half that. Timing genuinely moves this number.
Does my unused annual leave get paid out too?
Yes, and it is not part of any figure on this page. Unused annual leave and long service leave are paid out separately, are not part of a genuine redundancy payment, and are not an employment termination payment either — they are taxed under their own schedule with its own rates. We do not model that schedule, so treat the total here as the redundancy and notice components only, and expect your final pay to be larger.
Does it matter that I am over 45?
Only for notice, and only with at least 2 years of service — in which case you get one extra week of it. Age matters much more on the tax side, where reaching preservation age at 60 halves the concessional rate on a termination payment from 32% to 17%. On a taxed component of $50,000 that is a difference of $7,500.

Where these rules come from

Both regulators' published worked examples are pinned by automated tests, so the weeks table and the tax-free limit cannot drift without the build failing. What is not modelled is stated on the page rather than hidden: individual awards, the tax on unused leave, and the Fair Work Commission's power to reduce redundancy pay where an employer finds other acceptable employment. The methodology page sets out the full list.