Facing redundancy can be a challenging time, filled with uncertainty about your financial future. Understanding exactly how your redundancy pay is calculated under Australian law is essential for ensuring you receive your full entitlements. Stevens and Associates recommends that all employees become familiar with the redundancy calculation process to avoid potential shortfalls in their final payment.

Key Takeaways

  • Redundancy pay in Australia is calculated based on years of continuous service and your base rate of pay
  • Not all employees are eligible for redundancy pay – casual workers, small business employees and some others are excluded
  • The National Employment Standards (NES) provides the minimum redundancy entitlements, but awards or enterprise agreements may offer more
  • Genuine redundancy payments receive special tax treatment with tax-free thresholds applying
  • Disputes about redundancy calculations can be taken to the Fair Work Commission

What is redundancy pay?

Redundancy pay is a compensation amount paid to employees when their job is made redundant. It’s designed to provide financial support while searching for new employment.

Definition under the Fair Work Act and NES

Under the Fair Work Act 2009, redundancy pay is a statutory entitlement provided when an employer no longer requires a job to be done by anyone, or when a company becomes insolvent or bankrupt. The National Employment Standards (NES) sets the minimum redundancy pay periods based on length of service.

Difference from other termination payments

Redundancy pay is separate from other termination entitlements such as notice pay, accrued annual leave, and long service leave. Each component is calculated differently and may have distinct tax treatments.

The concept of a “genuine redundancy”

For a redundancy to be considered “genuine” under Australian law, the employer must demonstrate that:

  • They no longer require the job to be performed by anyone
  • They have complied with any consultation obligations in awards or agreements
  • It was not reasonable to redeploy the employee within the company or associated entities

Who is eligible for redundancy pay in Australia?

Not all employees qualify for redundancy pay when their position ends. Eligibility is determined by several factors.

General eligibility rules

To be eligible for redundancy pay under the NES, you must be:

  • A permanent employee (full-time or part-time)
  • Employed for at least 12 months of continuous service
  • Covered by the national workplace relations system

Common exclusions

Several categories of workers are not entitled to redundancy pay, including:

  • Casual employees
  • Independent contractors
  • Employees dismissed for serious misconduct
  • Fixed-term employees whose contract ends
  • Apprentices or trainees
  • Employees with less than 12 months service

Small business exception

Small businesses with fewer than 15 employees are exempt from paying redundancy pay. This headcount includes full-time, part-time, and regular casual employees, but excludes the employees being made redundant.

The redundancy pay scale

The NES provides a scale that determines how many weeks of pay you’re entitled to based on your years of service.

How the NES service-based scale works

The current NES redundancy pay scale ranges from 4 weeks’ pay for 1-2 years of service up to 16 weeks’ pay for 9-10 years of service. After 10 years, the entitlement reduces to 12 weeks as long service leave typically becomes available.

Applying the scale to continuous service

Continuous service refers to the period of unbroken employment with the same employer. Certain absences, such as paid leave or authorised unpaid leave, do not break continuity of service for redundancy calculation purposes.

Award or agreement variations

Some modern awards and enterprise agreements provide more generous redundancy entitlements than the NES minimum. Always check your specific industrial instrument to determine your actual entitlement.

“Understanding your exact redundancy entitlements can be complex, particularly when awards or enterprise agreements apply. We recommend seeking advice to ensure you receive your full entitlement under Australian law.” – Stevens & Associates

Step-by-step calculation process

Calculating redundancy pay involves several defined steps to ensure accuracy.

Step 1 – Confirm eligibility and service period

First, confirm you’re eligible for redundancy pay and calculate your period of continuous service with your employer, counting completed years and months.

Step 2 – Identify the base rate of pay

Determine your ordinary weekly rate of pay, excluding overtime, penalties, allowances, and bonuses unless they form part of your ordinary pay.

Step 3 – Apply the correct weeks from the scale

Based on your years of service, identify how many weeks’ pay you’re entitled to from the NES scale (or your applicable award/agreement).

Step 4 – Add applicable allowances

If you receive regular allowances that form part of your ordinary pay (such as industry allowances), these should be included in the calculation.

Step 5 – Check for offsets and limits

Account for any lawful deductions or offset entitlements, and check if any statutory caps apply to your situation.

Worked example – Full-time employee

Sarah has been employed full-time for 7 years and 3 months on a salary of $85,000 per year. Her weekly pay is $1,634.62 ($85,000 ÷ 52). According to the NES scale, she’s entitled to 11 weeks’ redundancy pay: $1,634.62 × 11 = $17,980.82.

Worked example – Part-time employee

John works part-time (25 hours per week) at $30 per hour for 4 years. His weekly pay is $750 (25 × $30). The NES entitles him to 8 weeks’ redundancy pay: $750 × 8 = $6,000.

What counts as “ordinary pay”?

Understanding what constitutes “ordinary pay” is critical for accurate redundancy calculations.

Regular inclusions

Ordinary pay typically includes your base rate, fixed allowances, and guaranteed bonuses that form part of your regular remuneration package.

Common exclusions

Generally excluded from the redundancy calculation are overtime payments, penalty rates, shift loadings, reimbursements, discretionary bonuses, and expense allowances.

Separate terminal payments

Accrued annual leave and long service leave are paid separately from redundancy pay and calculated according to different rules.

Tax, superannuation and caps

Redundancy payments receive special tax treatment in Australia.

Tax treatment for genuine redundancies

Genuine redundancy payments are tax-free up to a base amount plus an additional amount for each completed year of service. Above this threshold, concessional tax rates apply up to the Employment Termination Payment (ETP) cap.

Superannuation considerations

Employers generally don’t need to pay superannuation on genuine redundancy payments. However, other termination payments like notice period payments may attract superannuation contributions.

Statutory caps

The maximum redundancy pay under the NES is limited to 16 weeks’ pay. Additionally, tax-free thresholds and ETP caps are indexed annually, so check current ATO figures.

When redundancy pay is not payable

Several situations can void your entitlement to redundancy pay.

Non-genuine redundancies

If you resign voluntarily, are dismissed for misconduct, or your termination doesn’t meet the genuine redundancy test, you may not be entitled to redundancy pay.

Impact of redeployment offers

If your employer offers you suitable alternative employment (either within their business or with another employer), your redundancy entitlement may be reduced or eliminated, even if you decline the offer.

Award/agreement variations

Some modern awards or enterprise agreements contain provisions that can modify or replace the standard NES redundancy entitlements.

Disputes and where to get help

If you believe your redundancy pay has been incorrectly calculated, several options are available.

Fair Work processes

You can raise a dispute through the Fair Work Ombudsman or apply to the Fair Work Commission for assistance. The Commission can make binding orders about redundancy pay entitlements.

Evidence gathering

Before lodging a complaint, collect relevant documentation including your employment contract, payslips, termination letter, and any correspondence about the redundancy process.

Support services

Community legal centres, union representatives, and financial counsellors can provide valuable advice during redundancy disputes.

Conclusion

Calculating redundancy pay correctly involves understanding your eligibility, years of service, and applicable pay rates. Always check your award or enterprise agreement, as these may provide more generous terms than the NES minimum standards. If you’re unsure about your entitlements or believe they’ve been incorrectly calculated, don’t hesitate to seek professional advice. Stevens & Associates can provide expert guidance on redundancy matters, helping you navigate this challenging period with confidence and ensuring you receive every dollar you’re entitled to under Australian law.