Structured probation management: probation terms in contract, clear expectations during probation, regular check-ins, and fair assessment at end of probation. Ensures new employees have time to succeed and you can assess fit.
The Challenge
You don't include probation terms in contracts, so it's unclear what happens at the end
You give no feedback during probation, then dismiss at the end, risking unfair dismissal claims
You don't document probation expectations or assessment, making it hard to defend decisions
You extend probation without explaining what needs to improve or by when
You treat probation as a period with no Fair Work protections, exposing yourself to claims
What's Included
Clear probation terms in employment contract: length of probation, expectations, feedback process, assessment criteria.
Document setting out expectations during probation: role responsibilities, performance standards, training plan, support offered.
Template for regular check-ins during probation: feedback on performance, training needs, support offered, areas for improvement.
Template for assessing performance at end of probation: against expectations, cultural fit, technical capability, decision about confirmation or extension.
Process for extending probation if needed: new expectations, new timeline, support offered, clear decision point.
Guidance on documenting probation feedback and assessment for records and defensibility if needed.
Why It Matters
A structured probation period helps both the employer and employee. It gives the new employee time to prove themselves and understand the role. It gives you time to assess whether they're a good fit in terms of capability, culture, and performance. It should be a structured period with clear expectations, regular feedback, and a fair assessment at the end. It's not a trial period with reduced rights—employees on probation still have basic Fair Work protections. Probation is most effective when expectations are clear, feedback is regular, and the assessment at the end is fair. A fair probation process (with documentation of feedback and concerns) makes dismissal defensible if probation doesn't work out.
Clear probation terms documented in employment contract
Regular feedback during probation (not surprises at the end)
Fair assessment of performance and fit at end of probation
Decision point to confirm employment, extend probation, or exit
Reduced risk of disputes if probation doesn't work out
New employee clear on expectations and performance standards
The Process
Probation terms included in employment contract (usually 3-6 months, varies by Award)
Probation expectations documented: role responsibilities, performance standards, training plan
Regular (at least monthly) check-ins during probation: feedback, training needs, support offered
At end of probation: assessment of performance against expectations, cultural fit, technical capability
Decision communicated: confirm employment, extend probation, or end employment
If extending probation, new expectations and timeline documented
Best For
Growing businesses hiring new staff and wanting a fair assessment period
Organisations that have had problems with new hires not working out
Managers wanting a structured process for assessing new employees
Owners wanting to reduce risk if probation doesn't work out
Complementary Services
Comprehensive pre-boarding checklist ensuring everything is ready when a new employee starts: contracts, payroll setup, IT equipment, workspace, Fair Work documentation, and team preparation.
Performance management processes that help you develop your team, set clear expectations, document performance issues, and address underperformance fairly. Compliant with Fair Work requirements and designed to reduce disputes.
Guidance and support for fair, legally compliant terminations. Whether terminating for performance, misconduct, or redundancy, we ensure the process is fair, properly documented, and defensible under the Fair Work Act.
FAQ
Yes, but probation can't contradict the Modern Award. Most Awards accept 3-6 month probation. Probation is an assessment period, not a period of reduced protections. Even on probation, employees have basic Fair Work protections.
No. Even on probation, dismissal must be fair and for a valid reason. You must give the employee opportunity to respond to performance concerns. Probation isn't a trial period with no protections.
Monthly is ideal. Regular feedback helps the employee understand how they're doing and gives you clear records if the probation doesn't work out. Without feedback, later dismissal might be unfair.
Extend probation with clear expectations and a new timeline (usually 1-2 months). Document what needs to improve and what support you'll provide.
Probation doesn't reduce notice requirements. You must still give proper notice or pay it out, unless terminating for serious misconduct. Follow a fair process.
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