What's in this template?
This Probation Review Form documents the structured probation process for new employees at an Australian healthcare practice. It is the single most important document in the first six months of employment — it evidences that the probation decision was made on reasonable grounds and, critically, on time before the Fair Work Act 2009 minimum employment period closes the safe harbour for ending employment without unfair dismissal exposure.
The form covers three review points:
- 30-day check-in — settling in, role clarity, early concerns
- 60-day check-in — progress against development areas, new concerns surfaced with specific examples
- End of probation review — formal decision: confirm, extend, or end
Each review captures a 10 to 13 criterion rating (Below / Meets / Exceeds), free-text examples, support provided, and employee comments, with signature blocks for the employee and manager.
Editable placeholder fields
{{practice_name}},{{abn}},{{employee_name}},{{position_title}},{{employment_type}}{{award_classification}},{{start_date}},{{probation_length}},{{probation_end_date}}{{min_employment_end_date}}— the critical FW Act s383 date- Signature blocks at each of the three reviews
Why timing is everything
Under section 383 of the Fair Work Act 2009, an employee cannot lodge an unfair dismissal claim until they have completed the minimum employment period:
- 6 months at most employers
- 12 months at small business employers with fewer than 15 employees (FW Act s23)
The contractual probation period (often 3 or 6 months) and the minimum employment period are two different dates. The practice's unfair dismissal exposure is governed by the minimum employment period, not the calendar probation period. If a probation is contractually 3 months but the minimum employment period is 6 months, the practice retains the lower exposure right up to month 6.
The cover sheet of this form prompts you to record both dates. The end-of-probation review must occur, and the decision must be acted on, before the minimum employment period closes. A decision delayed past that date is a decision made under the full unfair dismissal regime.
Small Business Fair Dismissal Code
Small business employers (fewer than 15 employees) may also rely on the Small Business Fair Dismissal Code. A dismissal that complies with the Code is taken to be fair under section 388 of the Fair Work Act. The Code requires the employer to give the employee a reason, an opportunity to respond, a warning where conduct is the issue, and a reasonable chance to improve. Following the Code's steps during the 12-month minimum employment period adds a second layer of protection.
The form's three-review structure is designed to evidence those Code steps even where the Code is not technically required (e.g., non-small-business employers within the 6-month minimum employment period).
Who needs this form?
Every Australian healthcare employer hiring permanent or fixed term staff. The template suits:
- General practices, day procedure clinics, and specialist medical practices
- Allied health practices — physiotherapy, podiatry, psychology, optometry, dental
- NDIS providers and disability support services
- Pharmacies, pathology, and diagnostic imaging providers
- Aged care providers, private hospitals, and community health services
Casual employees do not have a probation period in the conventional sense — their unfair dismissal protection depends on whether they are a "regular casual" with reasonable expectation of ongoing employment and whether they have completed the minimum employment period. The form can still be adapted for a structured review of casual performance.
How to use this form
- Download the Word document and complete the cover sheet at hire — including both the contractual probation end date and the minimum employment period end date
- Diary both dates in the practice management system the day employment starts
- Run review 1 around day 30 (a 30 to 45 minute conversation, not an inquisition)
- Run review 2 around day 60 — this is the last opportunity to surface concerns and provide support before the formal decision
- Run review 3 at the end of probation — well before the minimum employment period end date
- Document specific behaviours, not character. "Arrived 12 minutes late three times in a fortnight" survives scrutiny. "Has a bad attitude" does not.
- If extending probation, issue the extension in writing before the original probation end date — an extension issued late may be void
- If ending employment, follow the Small Business Fair Dismissal Code where applicable, pay the minimum notice under NES s117 (1 to 5 weeks depending on length of service and age), and consider seeking advice
- File the completed form in the personnel file. Retain for at least 7 years under Fair Work Regulations 2009 r3.42
Related templates and tools
- Position Description Template — the benchmark performance is reviewed against
- Staff Orientation and Induction Checklist — the 90-day check-in section signals the probation decision point
- Annual Performance Review Template — picks up after probation is confirmed
- Workplace Bullying, Harassment and Sexual Harassment Policy — the framework for any probation review that touches conduct issues
- Staff Offboarding and Exit Checklist — used if the decision is to end employment
Frequently asked questions
What is the minimum employment period?
The period an employee must have served before they can access unfair dismissal protections under the Fair Work Act. It is 6 months at most employers and 12 months at small business employers with fewer than 15 employees (FW Act sections 382 and 383). It runs from the employee's start date — not from any anniversary or probation end date.
How do I count whether we are a "small business employer"?
The FW Act counts the number of employees at the time of dismissal, including the employee being dismissed, and including casuals only if they are a regular casual (employed on a regular and systematic basis). Associated entities are aggregated under section 23.
Is a 6-month probation legal?
Yes — there is no statutory cap on probation length under federal law. Most healthcare employers set probation at 3 or 6 months. The contractual probation period determines the period during which the employer can end employment with the contractually specified notice (often a shorter notice). The minimum employment period determines unfair dismissal exposure independently. A 3-month probation in a non-small-business does not mean the employee gains unfair dismissal rights at month 3 — they gain those rights at month 6.
Can I extend probation?
Yes, if the employment contract allows for extension. The extension must be issued in writing before the original probation end date and must specify the new end date and the basis for extending. An extension issued after the original end date may not be valid.
What notice must we give if we end employment in probation?
The minimum notice under NES section 117 applies even during probation: 1 week for less than 1 year of service (or 2 weeks if the employee is over 45 and has served 2+ years — not usually relevant in probation). Some employment contracts specify shorter notice during probation; the contractual notice cannot be less than the NES minimum.
Is "probation" a defence to an unfair dismissal claim?
No — the defence is the minimum employment period (s383), not probation. Probation is a contractual concept; the minimum employment period is the statutory exclusion. Saying "they were still in probation" without checking the minimum employment period date is the most common mistake.
Should we still document the reasons even if the employee is within the minimum employment period?
Yes. The minimum employment period closes the unfair dismissal door but leaves the general protections door open (FW Act Part 3-1). A dismissal motivated by a protected attribute (race, sex, disability, pregnancy, exercise of a workplace right) is unlawful at any time and carries no monetary cap. Specific, behaviour-focused documentation is the best defence to a general protections claim regardless of length of service.
Does this form work for fixed term contracts?
Yes. Even on a fixed term contract, the probation process is useful for identifying performance issues early and giving the employee the chance to address them. The fixed term contract's end date is a separate concept from probation — ending employment before the fixed term end date is still a dismissal and is still subject to the unfair dismissal jurisdiction once the minimum employment period passes.
How long do we keep completed probation review forms?
At least 7 years after the end of employment under Fair Work Regulations 2009 r3.42 (employee records). Many practices keep them longer alongside other personnel records.