Probation is a trial period at the beginning of employment with limited legal significance under the Fair Work Act.
Legislation: Related to Unfair Dismissal and Termination | Category: Employment Types
What is Probation?
Probation is a trial period at the beginning of employment during which the employer can assess the employee’s suitability for the role. While probation is a common contractual arrangement, it has limited legal significance under the Fair Work Act. The key protection that varies based on service is unfair dismissal, not probation status.
Employees cannot bring an unfair dismissal claim until they have completed the minimum employment period: 6 months for most employees, or 12 months for employees of small business employers (fewer than 15 employees). This operates independently of any contractual probation period.
Key Compliance Points for Employers
- Probationary employees still have all entitlements under the NES, awards, and agreements
- General protections apply from day one — you cannot dismiss for prohibited reasons during probation
- Reduced notice periods during probation may be specified in awards or contracts
- Use the probation period actively — regular feedback helps make informed decisions
- Extending probation may be possible if the contract allows, but consider the unfair dismissal period
Frequently Asked Questions
What is Probation?
Probation is a trial period at the beginning of employment with limited legal significance under the Fair Work Act.
Why is Probation important for employers?
Understanding probation helps employers comply with Australian employment law, avoid penalties, and maintain fair workplace practices.
