Category: Jobseekers, Employers, General

Probation Period in Australia: What New Employees Need to Know

Published by: Amelia Hartley | 31 August 2026

Starting a new job is exciting, but it can also feel uncertain—especially when your employment contract includes a probation period. You may wonder whether you can take leave, how your performance will be assessed, or whether your employer can dismiss you without notice.

A probation period allows both you and your employer to assess whether the position is a suitable match. However, being on probation does not mean you have no workplace rights. Australian employees generally continue to receive their applicable minimum pay, leave and National Employment Standards entitlements during this period.

Understanding how probation works can help you begin your new role confidently, respond professionally to feedback and recognise when you may need workplace advice.

1. What Is a Probation Period?

A probation period is an initial period of employment during which an employer evaluates whether a new employee is suitable for the position.

The employer may consider factors such as:

• Quality and accuracy of work
• Reliability and punctuality
• Communication with colleagues and customers
• Ability to follow workplace procedures
• Willingness to learn
• Behaviour and professionalism
• Progress towards agreed performance expectations

Probation is also useful for employees. It gives you an opportunity to understand the workplace culture, responsibilities, management style and development opportunities before making a longer-term commitment.

Probation is not a separate category of employment. You may be a full-time, part-time or casual employee while completing it. Your employment type determines many of your entitlements, not the fact that you are on probation.

2. How Long Does Probation Last in Australia?

Australian law does not establish one standard probation length for every workplace. The employer normally determines the duration and includes it in the employment contract or written offer.

Probation periods often last between three and six months. The appropriate duration may depend on the position, industry, level of responsibility and time required to assess performance.

Before accepting a job, check your contract for:

• The start and end dates of probation
• Performance standards that will be assessed
• Scheduled review meetings
• Notice requirements
• Any provision allowing probation to be extended
• The award or enterprise agreement that may apply

A probation period and the minimum employment period for unfair dismissal are related but different concepts. Completing a contractual probation period does not automatically determine whether you can make an unfair dismissal claim.

3. Do Employees Have Rights During Probation?

Yes. Employees on probation generally receive the same applicable minimum employment entitlements as employees who are not on probation.

The National Employment Standards, commonly called the NES, provide minimum entitlements for employees in Australia. An employment contract, modern award or enterprise agreement cannot provide conditions below the NES.

Depending on your employment type and circumstances, your rights may include:

• Payment of the correct minimum wage
• Maximum weekly working hours
• Annual leave
• Personal and carer’s leave
• Compassionate leave
• Parental leave
• Community service leave
• Paid family and domestic violence leave
• Public holiday entitlements
• Superannuation contributions
• Payslips and employment records

Full-time and part-time employees continue accumulating paid annual leave and personal leave during probation. Annual leave begins accumulating from the first day of employment. Casual employees generally do not receive paid annual or personal leave but may receive casual loading and other relevant entitlements.

Probation cannot lawfully be used as a reason to avoid minimum workplace obligations. Fair Work Ombudsman

4. Can You Take Leave During Probation?

Employees can request and access applicable leave during probation. However, whether a particular absence is paid depends on your employment type, available leave balance and eligibility.

A new full-time or part-time employee begins accumulating annual leave and paid personal leave from the start of employment. Because leave accumulates progressively, someone who has worked for only a few weeks may have a relatively small paid balance.

If you become sick, inform your employer as soon as possible and follow the organisation’s notification process. Your employer may request reasonable evidence, such as a medical certificate, depending on the circumstances and workplace requirements.

Taking legitimate leave does not automatically mean that you have failed probation. Nevertheless, maintaining clear communication is important. If you need planned leave soon after starting, discuss it with your manager early rather than waiting until the last moment.

5. How Is Performance Assessed?

A well-managed probation process should provide clear expectations, regular communication and a reasonable opportunity to improve. However, the exact review process varies between employers.

During your first week, ask your manager:

• What are my main priorities?
• How will success be measured?
• What should I achieve in the first 30, 60 and 90 days?
• How often will we review my progress?
• Who should I contact when I need help?

Do not wait until the final review to discover whether your manager is satisfied. Request brief check-ins and ask for specific feedback.

Instead of asking, “Am I doing okay?” try asking, “What is one thing I am doing well and one thing I should improve before our next review?”

Keep a private record of completed tasks, positive feedback, training, measurable results and issues you have resolved. This record can help you discuss your progress using evidence rather than general impressions.

6. Can an Employer Extend Probation?

An employer may propose extending probation, particularly when more time is required to assess performance. Whether an extension is permitted can depend on the employment contract, applicable workplace instrument and surrounding circumstances.

If an extension is proposed, request written clarification covering:

• The reason for the extension
• The revised end date
• Performance concerns
• Improvements required
• Support or training available
• Review dates
• How success will be measured

An extension should not leave you uncertain about what is expected. Ask for measurable targets and regular feedback.

Extending a contractual probation period also does not necessarily extend the minimum employment period used to determine unfair dismissal eligibility.

7. Can You Be Dismissed During Probation?

An employer can end employment during probation, but the termination must still comply with applicable workplace laws.

Employees dismissed during probation are generally entitled to written notice or payment in lieu of notice, subject to exceptions such as serious misconduct and rules applying to particular employment arrangements. They should also receive outstanding wages and payment for unused accrued annual leave where applicable. Fair Work Ombudsman

Eligibility to make an unfair dismissal application usually requires an employee to have completed a minimum employment period. This is generally six months, or 12 months when employed by a small business with fewer than 15 employees. Other eligibility requirements also apply.

An eligible employee normally has 21 days after dismissal to lodge an unfair dismissal application with the Fair Work Commission. Because the deadline is short, seek advice quickly if you believe your dismissal was unfair.

Even when an employee has not completed the minimum employment period, other workplace protections may still apply. An employer cannot take unlawful adverse action for reasons such as exercising a workplace right or because of a protected attribute. The rules depend on the facts of each case, so professional advice may be necessary.

8. What Happens If You Pass Probation?

Passing probation normally means the employer has confirmed your continued employment. Some employers provide a confirmation letter, while others simply allow employment to continue after the review date.

Ask for written confirmation and use the final meeting to discuss:

• Your performance and achievements
• Responsibilities for the next few months
• Training and development opportunities
• Short-term and long-term goals
• Future performance reviews
• Opportunities for career progression

Passing probation does not create an entirely new job unless your contract says otherwise. Your continuous service generally began on your original commencement date, not the date probation ended.

9. What If the Job Is Not Right for You?

Probation works both ways. You may discover that the duties, hours, culture or management style do not match what was explained during recruitment.

Before resigning, identify whether the problem could be resolved through a conversation. Ask for clarification, additional training or clearer priorities where appropriate.

If you decide to leave, review your contract, award or enterprise agreement to determine whether you must provide notice. Give your resignation in writing and clearly state your intended final working day.

Leaving during probation does not mean you have failed professionally. Sometimes the position and employee are simply not a suitable match. Exit respectfully, complete essential handover tasks and avoid damaging professional relationships.

10. How to Successfully Complete Probation

You do not need to understand everything immediately. Employers generally expect new employees to learn, ask questions and improve.

To make a strong impression:

• Arrive on time and meet agreed deadlines
• Take notes during training
• Clarify instructions before beginning complex tasks
• Communicate early when a deadline may be missed
• Accept feedback without becoming defensive
• Demonstrate improvement after receiving guidance
• Learn workplace systems and procedures
• Build respectful relationships with colleagues
• Avoid becoming involved in workplace gossip
• Ask for help before a small issue becomes serious

Consistency is usually more valuable than trying to impress everyone during your first week. Focus on understanding the role, delivering reliable work and showing that you can respond constructively to feedback.

Final Thoughts

A probation period is a normal part of starting many Australian jobs. It gives the employer time to assess your suitability while allowing you to decide whether the role supports your professional goals.

Most importantly, probation does not remove your basic workplace rights. You must still receive your applicable minimum pay and employment entitlements. If employment ends, notice, final pay and other legal protections may apply depending on your situation.

Read your contract carefully, understand the expectations of your role and communicate regularly with your manager. With clear goals, reliable performance and a willingness to learn, probation can become the foundation for a successful and rewarding career.

This article provides general information and is not legal advice. Employees should consult the Fair Work Ombudsman, Fair Work Commission, their union or a qualified workplace adviser for guidance about their individual circumstances.