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 Fair Work Act's minimum employment period, 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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