Our FAQ
What long service leave rules apply in New South Wales?
NSW long service leave is governed by the Long Service Leave Act 1955. Employees are entitled to 8.667 weeks (two months) of paid leave after 10 years of continuous service with the same employer, with a further 4.333 weeks accruing for every five years after that. NSW also has the earliest pro-rata threshold in Australia. If employment ends after five years but before 10 years, a pro-rata payout may apply where the employee was terminated for reasons other than serious misconduct, or resigned due to illness, incapacity or pressing domestic necessity. After 10 years, pro-rata is payable regardless of the reason for leaving. If you're calculating a payout or unsure whether pro-rata applies, we can walk you through it.
What should NSW employers do before terminating an employee?
You need a valid reason, whether that's genuine redundancy, serious misconduct, or documented underperformance supported by a fair process. Procedural fairness means telling the employee the reason, giving them a chance to respond, and allowing a support person. You also need to calculate the correct notice period under the relevant modern award and account for all accrued entitlements, including any long service leave, which can apply from as early as five years. Small business employers under the national system have a separate unfair dismissal code with its own checklist. We help NSW employers work through the right steps before making a decision.
How do NSW employers work out which award applies?
Award coverage depends on the work an employee actually performs, not their job title or what their contract says. Many NSW businesses operate across multiple awards because they employ people in different types of roles. Each award carries its own classification structure, pay rates, penalty calculations and entitlements, and applying the wrong one is a common cause of underpayment claims. If you're operating across several awards or unsure which one covers a particular role, we can help you match duties to the correct classification.
What changed when SafeWork NSW became independent?
SafeWork NSW became a standalone statutory regulator on 1 July 2025 after previously sitting within the Department of Customer Service. The change gave it greater operational independence to set enforcement priorities, conduct investigations and pursue prosecutions. NSW has also introduced industrial manslaughter as an offence, with maximum penalties of $20 million for businesses and up to 25 years' imprisonment for individuals. These changes signal a more active enforcement environment for NSW employers. If you're unsure about your work health and safety obligations, we can help you understand what applies to your business.
Can an NSW employer dismiss someone for misconduct without warnings?
Summary dismissal, meaning termination without notice, is only available for serious misconduct such as theft, fraud, assault or a serious safety breach. The conduct must be severe enough to fundamentally undermine the employment relationship. Even then, you need to investigate, put the allegation to the employee, give them an opportunity to respond, and document everything. If the misconduct doesn't meet that threshold, you'll need a formal warnings process before termination. We can help you assess whether summary dismissal is justified in your situation.
How does workers' compensation work for NSW employers?
NSW workers' compensation is split across two bodies. SIRA (the State Insurance Regulatory Authority) regulates the scheme, while icare administers the insurance and appoints claims service providers to manage claims on behalf of employers. Most employers are required to hold a workers' compensation policy through icare, though larger businesses can apply to become self-insurers. When a worker is injured, the employer must notify icare and forward claim documentation promptly. There are also return-to-work obligations that require employers to provide suitable duties where possible. If you're dealing with a claim or unsure about your obligations, we can help you understand the process.
What NSW public holidays do employers need to get right?
New South Wales observes all national public holidays plus state-specific dates including the King's Birthday in June and Labour Day in October. Regional and rural areas may also have local public holidays declared for events like agricultural shows, which can apply to specific council areas. The Bank Holiday on the first Monday in August only affects banking and financial sector employees, not the general workforce, but employers in that sector need to account for it. Employees who work on a public holiday are generally entitled to penalty rates under their award. If you're rostering staff on public holidays, it's worth confirming the correct rates for each employment type under your award.
