What is Probation?

#employerobligations #entitlements #fairwork #fairworkcommission #fairworkombudsman #leaveentitlements #pay #probation Nov 07, 2025

When starting a new position, for full time and part time employees there is typically a probation period in place. This gives an opportunity for both the employer and employee to make sure that it's the right fit, and that the employee is suitable for the role that they've been hired for.

For employees this gives a chance for them to ensure that the role meets their expectations, and for employers it's an opportunity to assess the performance and reliability of the candidate.

What does probation mean?

On probation, an employer is still entitled to the working rights as they would receive as a full time/ part time worker. This includes full pay, leave accrual, and superannuation.

Ideally, there are also check ins to allow for performance review and feedback. This could be mid probation, or monthly, or whatever works for the situation - there are no set rules here.

Probation is not:

An unpaid trial (pssst... an unpaid trial may not be lawful)
A chance to delay statutory entitlement such as leave accrual and superannuation
A buffer to be able to fire someone without consequence
Applicable to casual or temporary employment
An excuse to not follow the National Employment Standards

How long does probation go for?

There is no set rule for probation periods, and often they last from 3-6 months. For roles where it is harder to assess suitability in 3-6 months, an extension may be granted. Contact us for assistance here when determining how long to extend probation by as employees may have access to unfair dismissal.

Minimum termination notice periods apply during probation and should be outlined in your contract of employment.

Fair work has resources available to help manage probation, either for mid probation reviews, terminating employment, or transitioning employees from probation into their ongoing employment.

If probation leads to ongoing employment there may be additional benefits that are brought in such as salary adjustments, access to bonuses, or other non statuary perks.

Anything else?

If you're looking to bring an employee onboard but don't fully understand the lawful requirements and how to manage the probation period, make sure to get in touch with us at employii@employii.com.au so we can assist you in getting everything right.

Remember - probation is a trial for both parties, so getting things right from the get go will help sell your business to the candidate and make them hungry to stay!

If you're an employee who's about to, currently going through, or just finished a probation period but have concerns something went wrong we can also help guide you here - feel free to drop a line, also at employii@employii.com.au

Authored by RG (Employii Human Resources)

What is Probation?

What does probation mean?

How long does probation go for?

Anything else?

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