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Probation Period Toolkit (Australia)

Work out the dates that matter, run reviews that hold up, and understand what probation legally does (and does not do).

Your numbers

Probation is a contract term. The unfair dismissal clock is set by law, not the contract.
Headcount includes regular casuals. Size sets the minimum employment period: 6 or 12 months.
The dates that matter
 
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The probation review checklist

Work through it in order. Ticks save in your browser.

How long can a probation period be in Australia?

As long as the contract says, commonly 3 to 6 months. But the legally meaningful clock is the Fair Work Act's minimum employment period: 6 months (or 12 months for a small business with fewer than 15 employees) before an employee can access unfair dismissal. A 12-month contractual probation in a 20-person company does not delay unfair dismissal eligibility past 6 months.

Where Compono fits

Most probation failures are fit failures, and most fit failures were visible before the offer went out. Skills interview well; how a person actually works shows up later, usually around week six. Compono Hire measures culture fit and work personality before you commit, and gives managers a structured read on their new person from day one, so probation becomes confirmation rather than discovery. Lyre's used Compono Hire to scale from 4 to 70 people across five continents in two years, keeping fit intact at speed.

See how it works

How the dates are calculated

The date maths is calendar months from the employment start date: the contractual probation end date from the length you set, and the minimum employment period end date from business size (6 months for employers with 15 or more employees, 12 months for small business). The minimum employment period is the one that controls unfair dismissal eligibility, and extending probation in the contract does not extend it. Two things stay true from day one regardless of either date: general protections (adverse action) claims and discrimination law apply immediately, and the National Employment Standards minimum notice (1 week in the first year) still applies to a probation dismissal. The review checkpoints are structured so that by the decision point you hold documented evidence of performance against clear expectations, which is what a defensible probation decision (either way) looks like. The dates apply to national system employers, which covers most Australian businesses. This is general guidance, not legal advice.

New to the term? Read the plain-English definition of probation periods in the HR Glossary.

Common questions

What is the minimum employment period?

The period an employee must serve before they can make an unfair dismissal claim: 6 months, or 12 months where the employer has fewer than 15 employees. It runs from the employment start date in calendar months, and it can include regular and systematic casual service (where there was a reasonable expectation of continuing work) and service with the old employer in most business transfers.

Can probation be extended?

The contract term can be extended if the contract allows it or the employee agrees, but it changes nothing legally: the minimum employment period stays at 6 or 12 months no matter what the paperwork says. An extended probation past that point is a management tool, not a legal shield.

What notice applies during probation?

At least the National Employment Standards minimum: 1 week for service under a year (or payment in lieu), plus anything extra the contract promises. Probation does not remove notice obligations.

Can you dismiss someone on probation without a reason?

You can end employment during the minimum employment period without unfair dismissal exposure, but not without risk. General protections, discrimination and sham contracting claims apply from day one and have no minimum service requirement, and they are harder to defend without documented, lawful reasons. A clear performance record is protection, not paperwork. This is general guidance, not legal advice.

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 or your own adviser. Last reviewed July 2026.