Probation period

A probation period is a trial window — usually three to six months — written into an employment contract so both sides can check the fit. It's a contractual idea rather than a Fair Work Act one: the law that does the real work in the background is the minimum employment period for unfair dismissal claims.

Probation versus the minimum employment period

An employee generally can't bring an unfair dismissal claim until they've served the minimum employment period — six months, or twelve months in a small business with fewer than 15 employees. That period runs on the law's clock, not your contract's: a nine-month "probation" doesn't extend it, and a one-month probation doesn't shorten it.

Probation also isn't a rights-free zone. From day one, employees get:

• their full award or agreement pay rates and conditions,
• National Employment Standards entitlements, with paid leave accruing from the start,
• protection under the general protections rules, which apply regardless of length of service,
• notice of termination (or payment in lieu) if it doesn't work out.

Making probation useful

Treated well, probation is a structured conversation, not a trapdoor. Put the length in writing, set expectations early, and schedule real check-ins — a quick chat in week two beats a difficult one in month five.

Fair Work Act 2009 (Cth) ss 382–383 (minimum employment period) — guidance from the Fair Work Ombudsman; probation terms themselves sit in the employment contract.

Related terms

• Fair Work Information Statement
• Casual conversion
• Redundancy pay