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HR Glossary

Probation period

Australia · Fair Work and entitlements
What is a probation period?

A probation period is a contractual trial period at the start of employment, commonly three to six months, used to assess whether a new hire suits the role. It is separate from the minimum employment period in Australia's Fair Work Act, which is what actually governs access to unfair dismissal claims.

Probation versus the minimum employment period

The two get conflated constantly. Probation is whatever the contract says it is; the minimum employment period is set by the Act: six months before an employee can access unfair dismissal, or twelve months in a small business. A contract can set a three-month probation, but the unfair dismissal shield still runs to six months, and setting a nine-month "probation" does not extend it. The contractual probation changes expectations and review points, not the statutory clock.

What entitlements apply during probation?

All of them. Probationary employees accrue annual and personal leave from day one, are covered by the applicable award, must receive the Fair Work Information Statement, and are protected by the general protections from their first day. Probation is not a rights-free zone; it is a performance-assessment window.

How should employers run probation well?

Decide early and deliberately. Set clear expectations in the first fortnight, review formally at the midpoint rather than the deadline, and document the conversations. The most expensive probation outcome is the drift-through, where nobody makes a call and a marginal hire becomes a two-year problem. If the fit is wrong, ending employment inside the minimum employment period with proper notice is exactly what the window exists for.

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Unfair dismissal

Unfair dismissal is a dismissal that Australia's Fair Work Commission finds harsh, unjust or unreasonable, where the employee was eligible to claim and the dismissal was not a genuine redundancy.

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Notice period

A notice period is the time between telling an employee (or employer) that employment will end and the final day of work.

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Employee tenure

Employee tenure is the length of time a person has been continuously employed by the same organisation.

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All terms

Every definition, with the local rules, rates and thresholds attached.

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Where
Compono Hire fits.

Compono Hire is an applicant tracking system (ATS) that measures fit before you make the offer, alongside the process every ATS runs.

Probation is where hiring mistakes surface. Better to prevent them at selection.

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Common questions

Can probation be extended?

The contract can provide for an extension, and some do. But extending probation does not extend the statutory minimum employment period, which keeps running regardless.

Can an employee on probation be dismissed for any reason?

No. Unfair dismissal may not be available inside the minimum employment period, but general protections, discrimination law and notice obligations all still apply.

This page is general information, not legal advice. We check figures annually and update them on a best-efforts basis, but employment rules change and we cannot promise everything here is current or complete. Before you act on it, confirm the detail with the Fair Work Ombudsman (fairwork.gov.au) or your own adviser. Last reviewed July 2026.