Interactive guide and letter templates for confirming or terminating probation in Australia. Compliant with Fair Work regulations.
The standard probationary period in Australia is 6 months. However, small businesses (fewer than 15 employees) can use a 12-month minimum employment period before unfair dismissal protection applies.
A probationary period must be clearly stated in the employment contract. It cannot be assumed or verbal. Casual employees are not subject to probation.
Probation is a mutual evaluation period. The employee assesses whether the role and organisation suit them, while the employer evaluates fit, performance, and cultural alignment.
Establish specific, measurable objectives early. Document what success looks like in the role, technical competencies needed, and cultural expectations. Consider using a Goal Setting Generator for structured planning.
Schedule frequent one-on-one meetings throughout probation. Weekly or fortnightly catch-ups create space for informal feedback and early identification of issues. Use a 1:1 Builder to structure these conversations.
Provide a comprehensive onboarding experience. Cover company culture, systems, team introductions, role expectations, and support mechanisms. This reduces anxiety and improves integration.
Put performance expectations, key responsibilities, and support available in writing. Share this with the employee and keep copies for your records.
Pair new employees with an experienced team member who can provide day to day guidance, answer questions, and help with cultural integration.
Don't wait until the end of probation to discuss performance. Have ongoing conversations about what is going well and areas for improvement. Provide both positive recognition and constructive feedback.
Keep brief notes of significant conversations, decisions, and agreements. This creates a clear record and protects both parties if issues arise.
If performance or behavioural concerns emerge, address them promptly. Offer genuine support and clearly communicate what needs to improve. Give the employee a fair chance to respond.
Maintain a simple file containing: the employment contract, performance goals agreed, notes of meetings and feedback, any performance improvement plans, and supporting documentation (emails, incident reports).
At the end of probation, formally review performance against the goals set at the start. Consider technical competency, willingness to learn, team integration, and cultural fit.
Ask yourself: Have they met the core role requirements? Do they fit the team culture and values? Have they responded positively to feedback? Do they show potential for growth?
Confirm: Employee continues employment on normal terms.
Terminate: Employment is ended during the probation period.
Meet with the employee to discuss the outcome and provide written confirmation via a formal letter. This creates clarity and a documented record.
Even during probation, notice periods specified in the contract or applicable modern award apply. Check your employee's contract and relevant award before finalising termination.
For small businesses (fewer than 15 employees), unfair dismissal protection applies after 12 months. For larger businesses (15+ employees), it applies after 6 months. Before these thresholds, probation terminations have lower procedural requirements but must still be fair.
Regardless of probation status, follow a fair process. Communicate concerns, give the employee a chance to respond, and make decisions based on evidence. This protects you legally and ethically.
Businesses with fewer than 15 employees should follow the Small Business Fair Dismissal Code for guidance. It outlines a fair process even where unfair dismissal protection doesn't technically apply.
If probation termination involves protected characteristics (age, gender, race) or other sensitive issues, seek legal or HR advice before proceeding.
Employee has successfully completed probation. Confirm ongoing employment and note any areas for continued development.
Decision not to continue employment. Outline performance concerns, entitlements, and final details.
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| Name | Role | Start Date | End Date | Days Left | Status | Notes |
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