Letter · Employment & Workplace Relations

Redundancy consultation letter, termination letter and NES entitlements checklist

A proposal-stage consultation letter, a termination-on-redundancy letter and a checklist covering genuine redundancy (s 389), redeployment, award or agreement consultation, notice (s 117), NES redundancy pay (s 119), Services Australia notice and tax treatment.

Kind
Letter. A letter or email you adapt and send.
Where it applies
Australia, Commonwealth
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
18 October 2026
Status
Maintained. Checked on 18 October 2026 against the 5 authorities it cites, for Australia and Commonwealth.
Version
1
Source
Written for this library

When to use it

Use when an employer is considering making one or more positions redundant. Send the consultation letter once a definite decision to make the change has been made, before any final decision about individuals, and the termination letter only after consultation and redeployment have been completed.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may fill the letters from the approved restructure paper and calculate draft notice and redundancy pay from payroll data, but the lawyer confirms the redundancy is genuine, consultation complies with the award or agreement, and every entitlement before any letter is sent.

AI may

  • Fill the approved letters from the restructure paper, organisation charts and the applicable award or agreement consultation clause
  • Calculate draft notice periods and NES redundancy pay from start dates, ages and base rates in payroll, showing each step
  • List vacant roles across the employer and associated entities for the redeployment assessment

AI must not

  • Must not select employees for redundancy, score selection criteria or decide redeployment
  • Must not send or date a termination letter before consultation is complete
  • Must not decide the tax treatment of the payments or whether the redundancy is genuine

The lawyer checks

  • The job is no longer required to be performed by anyone because of operational changes, and reasonable redeployment within the enterprise and associated entities has been considered (s 389)
  • The consultation term in the applicable award or enterprise agreement has been followed in full, including information in writing and genuine consideration of responses
  • Notice under s 117, redundancy pay under s 119 (and any exclusion or variation), accrued leave and any contractual or agreement entitlements are correct
  • Services Australia has been notified if 15 or more redundancies are proposed, and tax treatment of the payments has been checked against current ATO guidance

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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