Probation reviews that actually work in Australia
Reviewed by Mellow Editorial Team, HR & payroll content team
A probation review works when it is structured, documented and tied to clear expectations set on day one — not improvised in a meeting room at the three-month mark.
What a probation period actually is in Australia
Australia's Fair Work Act does not define a standard probation length, but it does set a minimum employment period before an employee can make an unfair dismissal claim. For most employers, that is six months from the date of engagement (twelve months for small businesses with fewer than fifteen employees).
"Probation" is a practical concept, not a statutory one. You can set any length you like — commonly three or six months — but what matters legally is whether the employment falls inside or outside that minimum employment period. Ending employment within the minimum employment period is lower risk from an unfair dismissal perspective, provided you do not breach general protections laws (for example, you cannot dismiss someone for exercising a workplace right or for a discriminatory reason, regardless of tenure).
This distinction matters: a six-month probation at a business with thirty staff still carries risk if you extend the period past the six-month minimum. Keep the two concepts separate in your mind.
Set expectations before the review, not during it
A probation review cannot work if there is nothing to review against. Before the employee's first day — or at the latest in the first week — document:
- The specific outcomes expected in the role (not a job description reprint, but measurable deliverables)
- The behaviours expected (how they work with others, communication norms, decision-making authority)
- The date of the formal review
- What "passing" probation looks like
Give the employee a copy. Have them sign acknowledgement. This one step changes the review from a surprise judgment into a transparent checkpoint.
Structure the review itself
A useful probation review has three parts.
Self-assessment first. Ask the employee to prepare written notes on what they have delivered, where they struggled and what support they need. This surfaces issues you may not have visibility of and gives the employee agency in the conversation.
Your structured feedback second. Work through each expectation you documented at the start. For each one, state whether it has been met, partially met or not met, and give a specific example. Vague feedback ("you need to communicate better") is unhelpful and, if it leads to dismissal, leaves you with a thin paper trail.
Agreed outcomes third. Either confirm employment continues, extend the probation with documented conditions, or end the employment. If you are extending, write down exactly what needs to improve and by when — treat it like a short performance improvement plan.
Document everything in writing and have both parties sign the record.
Extending or ending probation
If you want to extend probation, check the employee's contract. Many standard contracts allow a one-time extension with notice; if yours does not, you are relying on the employee's consent. Get that consent in writing.
If you are ending employment during the minimum employment period, still act in good faith. Provide the contractual or Award notice period (or payment in lieu). Ensure you have paid all entitlements: any accrued annual leave, superannuation at the current Superannuation Guarantee rate of 12% of ordinary time earnings, and any other amounts owed. Even if unfair dismissal risk is lower, underpaying final entitlements creates a separate legal exposure under the Fair Work Act.
Do not assume the minimum employment period insulates you from everything. General protections claims have no minimum employment period, so if a dismissed employee can argue the reason was discriminatory or related to a workplace right, you are exposed regardless of tenure.
Common mistakes that undermine probation reviews
Reviewing too late. If you hold the review on day 185 of a six-month probation, you have already passed the minimum employment period. Build in buffer — schedule the formal review at the five-month mark so you have time to act before the window closes.
No written documentation. A conversation without a record is not a review. If a dispute arises, the burden is on you as the employer to show what process you followed.
Treating probation as a formality. Many employers hold the review, write "confirmed in role" and file it. That is a missed opportunity. The three- or six-month mark is the most natural point to reset expectations, address small behavioural issues before they become large ones, and discuss development. Employees who get genuine feedback early are less likely to disengage later.
Failing to check Award obligations. Probationary employees are still covered by the relevant Modern Award or enterprise agreement. Ordinary time earnings, penalty rates and leave entitlements apply from day one. Payroll needs to be set up correctly from the start — including STP reporting at each pay event — not corrected at confirmation.
A probation review done well protects the business, gives the employee a fair hearing and sets the tone for how performance is managed across the organisation.
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