Is probation period mandatory in Australia?

This is not necessarily the case and, in fact, there is no statutory basis that entitles an employer and an employee to a probationary period. The concept of a probationary period is largely derived from the provisions of the Fair Work Act 2009 (Cth) (FW Act) relating to minimum employment periods.

How long is probation period NSW?

How Long Is Probation Period In Australia? The employer generally determines the length of the probation in the employment agreement unless the applicable award or registered agreement provide otherwise, but it is usually three or six months, depending on the nature of the role.

What is the standard probationary period?

Probation periods commonly last for three months, six months, or a year. It’s usually a fixed period of time at the beginning of the employment relationship, during which the new employee is exempt from some contractual items. Most significantly, employees on probation can be let go without the standard notice period.

What is a reasonable probation period?

An employer usually decides on the length of the probation period. It often ranges from 3 to 6 months, beginning from when the employee starts employment.

How does probation work in the Fair Work Act?

The concept of a probationary period is largely derived from the provisions of the Fair Work Act 2009 (Cth) (FW Act) relating to minimum employment periods. Under the FW Act, an employee is only protected from unfair dismissal if, amongst other things, they have completed the minimum employment period.

How long can an employee be on probation under the FWA?

Under the Fair Work Act 2009 (Cth) (FWA), the ‘minimum period of employment’ is six months of continuous service. This means the usual maximum probationary period you can have for an employee is six months. The exception is if you’re a ‘small business employer’ (defined as being someone who employs fewer than fifteen employees).

How long is a probationary period of employment?

How long is a probationary period? The proper legal name for a probationary period is ‘minimum period of employment’. Under the Fair Work Act 2009 (Cth) (FWA), the ‘minimum period of employment’ is six months of continuous service. This means the usual maximum probationary period you can have for an employee is six months.

What’s the minimum period of employment under the Fair Work Act?

The proper legal name for a probationary period is ‘minimum period of employment’. Under the Fair Work Act 2009 (Cth) (FWA), the ‘minimum period of employment’ is six months of continuous service. This means the usual maximum probationary period you can have for an employee is six months.