You're right, the minimum standard for NSW for those under 45 years of age is:
less than one year of service: nil
one year but less than 2: 4 weeks
2 years but less than 3: 7 weeks
3 years but less than 4: 10 weeks
4 years but less than 5: 12 weeks
5 years but less than 6: 14 weeks
6 years and more: 16 weeks
If you're over 45 years of age the rates are a bit more generous:
less than one year of service: nil
one year but less than 2: 5 weeks
2 years but less than 3: 8.75 weeks
3 years but less than 4: 12.5 weeks
4 years but less than 5: 15 weeks
5 years but less than 6: 17.5 weeks
6 years and more: 20 weeks
Note these are minimums and various awards and enterprise agreements could have variations. If you are covered by one of these agreements then you should have access to a copy of that agreement.
The Act has no application to an employee covered by an award or industrial agreement which contains a clause dealing with employment protection. Such clauses are now common in State awards.
The definition of ``employee´ ´ excludes ``an employee of the Crown within the meaning of the Principal Act´ ´ that is, the Industrial Relations Act 1996. Moreover, the definition of ``employer´ ´ excludes the Crown or a public authority within the meaning of the Industrial Relations Act 1996. Thus, immediately excluded from the operation of the Employment Protection Act are quite a significant number of employees in New South Wales. Also excluded are workers not covered by an award or enterprise agreement. You may have some protection under unfair contract legislation
Workers under Federal awards or agreements are excluded from the Act also.
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