Probation Period: How It Works in Australia
A probation period is a trial stretch at the start of a job, agreed in the contract, when the employer and the employee check that the role is a good fit. The Fair Work Act does not set a probation length, and a probation period does not remove National Employment Standards entitlements such as pay, leave and notice.
For the wider hiring process, see our guide on how to hire employees.
- A probation period is a contract term, not a legal category, so its length and review steps must be written into the employment contract or offer letter.
- The minimum employment period for unfair dismissal is 6 months, or 12 months for a small business employer with fewer than 15 employees, and probation does not change it.
- Probation employees still receive at least the award or national minimum wage, which is $26.44 per hour from the first full pay period starting on or after 1 July 2026.
- Employers should record review dates, feedback and the reasons for any decision, and employees should ask for the terms in writing before they start.
What is probation period at work?
A probation period is an agreed trial window in which both sides assess performance, conduct and fit. It is common in permanent roles, and many labour hire placements use a similar early review.
| Term | Meaning | Why it matters |
|---|---|---|
| Probation period | A set period at the start of employment, written in the contract, used to review performance and suitability. | It frames expectations, but it does not switch off pay, leave or notice rights. |
| Probation date | The date the trial ends or the date of the formal review, worked out from the start date and the agreed length. | Both sides need one clear date to plan the review. |
| Minimum employment period | The service needed before an employee can apply for unfair dismissal, which is 6 months or 12 months for a small business. | It is often confused with probation, but it is a separate legal test. |
| Review meeting | A planned conversation where the manager gives feedback and the employee can respond. | It supports a fair decision and a clear paper trail. |
| Notice period | The warning an employer or employee gives before employment ends, set by the NES, award or contract. | It still applies during probation, and the contract cannot go below the NES minimum. |
Probation date meaning
When people ask about a probation date they usually mean the day the trial ends. Your contract should state the start date, the length and the review date in the same place.
- Count the probation length from the first day of paid work, not the day the contract was signed, unless the contract clearly says otherwise.
- Write the end date out in full, such as the day, month and year, so nobody has to work it out from a number of weeks.
- Book the review meeting a few days before the end date, so feedback arrives while there is still time to act on it.
- Confirm any extension in writing before the original date passes, and state the new end date and the reason.
- Check that the probation date does not run past the minimum employment period for unfair dismissal without the employee understanding why.
Fair Work Act probation period rules
The Fair Work Act 2009 (Cth) does not define probation. What it sets are the National Employment Standards and the unfair dismissal tests, which sit alongside any probation term in your contract.
- The NES entitlements, including paid leave for permanent staff and notice of termination, apply from the first day of employment.
- Awards and enterprise agreements may set their own probation or trial rules, so read the one that covers the role before you copy a template.
- An unfair dismissal application must be lodged with the Fair Work Commission within 21 days of the dismissal taking effect.
- Other protections, such as general protections and anti-discrimination law, can apply even where an employee is too new to claim unfair dismissal.
- A probation clause cannot remove an NES or award entitlement, and a clause that tries to do so is not a safe thing to rely on.
Probation period for employers
A good probation process is mostly about communication. A Monday-morning check-in during the first month is more useful than a surprise at the end.
- Put the probation length, the review date and the way performance will be assessed in the contract. Use a reviewed employment contract template as a starting point, then get legal advice.
- Run a structured induction in the first week, and use the employee onboarding checklist so nothing is missed.
- Complete pre-employment steps such as a police check or a white card before the start date where the role needs them.
- Give feedback in writing at set points, keep notes of what was said and let the employee respond before any decision.
- Plan headcount early using workforce planning, so a failed trial does not leave a site short-handed.
Probation period for employees
If you are the new starter, you are still protected by the law. Ask questions early and keep your own records.
- Ask for the probation length, review date and assessment criteria in writing before you accept the offer.
- Check your payslip against the award or at least the national minimum wage of $26.44 per hour from 1 July 2026.
- Keep copies of your contract, rosters, payslips and any feedback emails, since these are the first things anyone asks for.
- Ask for feedback during the trial, not only at the end, and note any training you were promised but did not receive.
- Contact the Fair Work Ombudsman on 13 13 94 if you think you are underpaid or treated unfairly during probation.
Probation period and notice of termination
Employers must still give the NES minimum notice unless the termination is for serious misconduct, and pay in lieu of notice is allowed. This table shows the minimum notice from the employer.
| Length of service | Minimum notice from the employer |
|---|---|
| Up to 1 year | 1 week |
| 1 year to 3 years | 2 weeks |
| 3 years to 5 years | 3 weeks |
| More than 5 years | 4 weeks |
| Over 45 with at least 2 years of service | 1 extra week |
| Award or contract terms | May give a longer period, and some employee types are excluded, so confirm with the Fair Work Ombudsman. |
Probation period for casuals and small business
Casual and small business arrangements add a few twists. Probation is not a substitute for choosing the right employment type.
- Casuals can still be assessed in a trial, and they get at least $33.05 per hour on the national minimum, which includes the 25% casual loading.
- A casual can notify the employer they want to convert after 6 months of employment, or 12 months with a small business employer.
- Small business employers (fewer than 15 employees) can use the Small Business Fair Dismissal Code and have a 12-month minimum employment period.
- Never label a worker a casual or contractor just to run a longer trial, because misclassification is illegal.
- Labour hire workers are employed by the provider, so probation terms sit between the provider and the worker, with the host site giving feedback.
Common mistakes to avoid with a probation period
- Treating a probation period as a no-rights window, when pay, leave, safety and notice rules all apply from day one.
- Leaving the probation length out of the contract, then arguing later about when it ended.
- Skipping the mid-point review, so the employee first hears of a problem on the last day.
- Extending probation without written agreement, or without a clear reason that the employee can respond to.
- Confusing a probation period with the minimum employment period for unfair dismissal, which has its own 6 or 12 months test.
- Failing to keep notes, which leaves both sides with nothing to rely on if a decision is questioned.
Probation period FAQ
What is probation period at work?
A probation period is a trial stretch at the start of employment, set out in the contract, when the employer and employee check that the role suits both of them. It is not defined in the Fair Work Act, and normal pay, leave and notice rules still apply.
How long is a probation period?
The length is set by the contract, award or agreement, not by a national rule. Many employers use a short trial (indicative — check the contract and award). Whatever the length, write the start date, end date and review date down clearly.
Can you be dismissed during probation?
Yes, but the rules still apply. The employer must give notice or pay in lieu unless it is serious misconduct, and an employee who has passed the 6-month minimum employment period (12 months at a small business) can apply for unfair dismissal within 21 days.
Do you get leave during a probation period?
Yes. Permanent employees start earning NES leave from day one, including paid annual leave and personal leave. Casual employees do not receive paid annual or personal leave, but they receive the 25% casual loading instead under most awards.
Next step: set up probation before day one
Put the length, review date and feedback steps in the contract, then diary the review meeting on the first day of work. At TQN Personnel, we place and manage labour hire workers across Sydney and can help you fill roles with screened workers. This is general information, not legal, tax or financial advice, so check the Fair Work Ombudsman, the ATO or an employment lawyer for your situation. Read our full guide on hiring employees in Australia for the wider process.