---
title: "Redundancy consultation letter, termination letter and NES entitlements checklist"
url: "https://ailawframework.com/precedents/employment-and-workplace-relations/redundancy-consultation-and-termination-letters"
type: "precedent"
site: "AI Law Framework"
id: "a14-redundancy-consultation-and-termination-letters"
area_id: "A14"
kind: "letter"
ai_level: "yellow"
version: 1
task_ids: ["A14-T1-R12"]
law_stated_as_at: "2026-10-18"
---

# 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),…

Canonical page: https://ailawframework.com/precedents/employment-and-workplace-relations/redundancy-consultation-and-termination-letters  
Law stated as at: 2026-10-18

Site index for agents: https://ailawframework.com/llms.txt

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.

## Key facts

- Kind: Letter. A letter or email you adapt and send.
- Practice area: [Employment & Workplace Relations](https://ailawframework.com/precedents/employment-and-workplace-relations.md)
- Jurisdictions: Australia, Commonwealth
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the 5 authorities it cites, for Australia and Commonwealth.

## 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

- [Prepare redundancy and redeployment advice from the roster and contracts](https://ailawframework.com/practice/employment-and-workplace-relations/prepare-redundancy-and-redeployment-advice-from-the-roster-and-contracts.md)

## 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

## Authorities

- [Fair Work Act 2009 (Cth) s 389 (genuine redundancy: job no longer required because of operational changes; compliance with award or agreement consultation; reasonable redeployment)](https://classic.austlii.edu.au/au/legis/cth/consol_act/fwa2009114/s389.html)
- [Fair Work Act 2009 (Cth) s 117 (written notice of the day of termination; minimum notice by continuous service, plus 1 week if over 45 with 2 years’ service; payment in lieu)](https://classic.austlii.edu.au/au/legis/cth/consol_act/fwa2009114/s117.html)
- [Fair Work Act 2009 (Cth) s 119 (NES redundancy pay and the redundancy pay period table)](https://classic.austlii.edu.au/au/legis/cth/consol_act/fwa2009114/s119.html)
- [Fair Work Ombudsman, Redundancy (consultation about major workplace changes; notifying Services Australia when 15 or more employees may be made redundant)](https://www.fairwork.gov.au/ending-employment/redundancy)
- [Australian Taxation Office, Redundancy and early retirement (genuine redundancy payments tax-free up to an indexed limit; excess forms part of the ETP)](https://www.ato.gov.au/businesses-and-organisations/hiring-and-paying-your-workers/engaging-a-worker/when-a-worker-leaves-your-business/taxation-of-termination-payments/redundancy-and-early-retirement)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/employment-and-workplace-relations/redundancy-consultation-and-termination-letters and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*