# Hiring in Australia

Review edition — pending Theo Smith approval.

## What happens at exit?

For employees covered by the NES notice entitlement, employer notice is one week for service up to one year, two weeks for more than one to three years, three for more than three to five, and four after five. Add one week if the employee is over 45 with at least two years’ service.

Applies to: Australian NES; exceptions include casuals, specified fixed-term expiry and serious misconduct

Still to establish: Award or agreement, exceptions, redundancy eligibility, small-business rules and final pay

- Award or agreement, exceptions, redundancy eligibility, small-business rules and final pay

Next step: Confirm Award or agreement, exceptions, redundancy eligibility, small-business rules and final pay.

- [Fair Work Ombudsman](https://www.fairwork.gov.au/tools-and-resources/fact-sheets/minimum-workplace-entitlements/notice-of-termination-and-redundancy-pay)

Checked 2026-09-28. Research status: partial.

## Will an Australian employee’s service carry over when leaving an EOR?

Applies to: Australian national workplace-relations system; connection and entitlement conditions apply

Assess whether the move meets the transfer-of-business rules, then review each entitlement. Do not promise a complete reset or complete carryover from the fact that the provider is changing.

Supported rule: Fair Work describes a transfer where employment with the new employer begins within three months, duties are the same or nearly the same, and the required connection between employers exists. Service recognition has entitlement-specific exceptions.

- Relationship between old and new employers
- Dates, duties and relevant industrial instruments
- Leave, redundancy, notice and other recognition exceptions

Illustrative example: The employee starts at the client’s entity a week after leaving the EOR and keeps the same duties. Those facts cover only part of the test; investigate the employer connection and each entitlement before finalising terms.

- [Fair Work: when businesses change owners](https://www.fairwork.gov.au/employment-conditions/when-businesses-change-owners)
- [Fair Work: employee entitlements on transfer](https://www.fairwork.gov.au/employment-conditions/when-businesses-change-owners/employee-entitlements-on-a-transfer-of-business)

## How should an Australian EOR fix an underpayment?

Applies to: Australian workplace-law underpayments; applicable award, agreement and worker coverage matter

Ask the legal employer to establish the correct entitlement, calculate the full shortfall, arrange back payment and correct affected records and contributions. Include the employee in a clear explanation of the calculation and correction.

Supported rule: Fair Work provides a step-by-step underpayment correction process and warns that back payment does not necessarily prevent investigation or other action.

- Correct classification, award or agreement and historical rates
- Hours, allowances, overtime, leave and contributions affected
- Timing, records and any reporting or enforcement issues

Illustrative example: A recurring allowance was omitted for four pay periods. Recalculate all four periods and any linked contribution effects rather than adding one allowance to next month’s payroll.

- [Fair Work: fixing an underpayment](https://www.fairwork.gov.au/workplace-problems/common-workplace-problems/i-think-ive-underpaid-my-employee)