Probationary Employment Policy

This policy can be used by all employers throughout Australia, except the following excluded employers:

Non-constitutional corporation employers in Western Australia;
State public sector employees (ie employees of a Minister, the Governor or the Crown); and
Local Government employers — except in Tasmania and Victoria.

Excluded employers may however, wish to use this document, but they should first obtain legal advice.

Commentary

'Probation' is a period of time at the commencement of employment during which the employee is assessed as to whether they have the necessary skills, ability, and aptitude required to perform their job.

The probationary period also allows the employee sufficient time to get to learn the job and find out if the job meets their expectations.

It is important that the probationary period be specified in writing before an employee commences work. One appropriate way to manage this is to provide the employee with a written contract of employment prior to them commencing.

The usual period for probation is three months. However, because employees of non-excluded employers must serve a minimum employment period of either 6 or 12 months depending on the size of the employer before they can commence an unfair dismissal claim, the probationary period can typically be for 6 to 12 months.

It is possible to extend an employee's probationary period by written agreement between the employer and the employee before the employment commences if the period is reasonable having regard to the nature and circumstances of the employment. However, this is generally not viewed favourably by courts and tribunals unless the work is complex and assessment of the employee is difficult to carry out, in order to justify a longer period.

Important note to subscribers

The commentaries and documents in HR Advance are updated as necessary, to keep them relevant. You should familiarise yourself with the relevant commentary each time you create a document.

This document has been drafted to suit a wide variety of businesses, with a number of options available to enable you to customise the document to better suit your business. Nevertheless, you may need to make other changes to the document so that it suits the specific needs of your business. If you make additional changes, we cannot guarantee that the changes and modifications you make to the document will be legally compliant or enforceable.

This commentary and any additional information provided to assist you in creating this document, does not constitute legal advice.

If you are unsure about any aspect of this document (including the changes or amendments you make to it), you should seek appropriate advice from a lawyer, skilled in these issues. You should consult with your financial advisor in relation to any relevant taxation or financial issues concerning the document you create.

After creating this document, you should read through it carefully to make sure it meets your business needs and is consistent with other industrial instruments, policies and procedures which operate in your workplace. This commentary is not designed to be provided to employees or other workplace participants.

Further information

Further information on how to use this Policy can be found at the 'How to use these policies' link on the Policies page of the HR Advance website.