Probation

A probationary period is a defined period of close supervision, training and review at the start of employment. It allows the employer to confirm the employee is suited to the role and the farm — meeting expectations and learning tasks safely and correctly — while the employee decides whether the role suits them.

The length depends on the role and circumstances, and is agreed between the parties; the Fair Work Ombudsman notes that probation periods often run for three to six months from the day the employee starts. Probation is a contractual arrangement rather than a status defined by the Fair Work Act, so expectations should be clear from the outset and set out in the position description and employment contract.

Employer responsibilities during probation

Allowing time for regular feedback, discussion and close supervision during probation supports the employee and keeps communication open. A review is usually held at the end of the probation period. Effective reviews encourage honest, two-way discussion, with good employers listening, providing guidance and supporting the employee's development. 

Tip

New employees may offer fresh ideas or improvements. Consider them openly, implement what works, and explain clearly when something is not suitable for the operation.

Reviewing the probation period

As the probation period comes to an end, the employer decides whether to retain the employee and identifies any next steps needed to support their ongoing role. The outcomes below map common situations to recommended actions.

Performing well and fitting in
  • confirm the employee is doing well 
  • advise the intention to confirm ongoing employment at the end of probation 
Good attitude and fit, but needs skill development
  • confirm the intention to retain the employee 
  • agree on targeted training or support 
  • confirm whether the existing contract continues or needs updating 
Good attitude and fit, but not suited to the role
  • review the overall needs of the farm 
  • consider whether duties can be restructured or an alternative role is possible 
  • discuss options with the employee and relevant team members 
  • conduct a job analysis and issue a new contract if required 
Not a good fit and has not improved
  • where reasonable support has been provided and probation has not ended, employment may be ended 
  • advise the employee verbally at the review 
  • confirm the decision in writing — written notice of termination is required 
Watch out

Probation does not switch off unfair dismissal protection. Eligibility depends on the minimum employment period — generally six months, or 12 months for a small business with fewer than 15 employees. If an employee has been employed for that period or longer (even while on probation), additional steps may apply before ending their employment. See the Termination page for the process, and seek advice for specific situations.

Probation also allows the employee to decide whether the role suits them. An employer should be prepared for the possibility that an employee may choose to leave or request changes to their terms and conditions. 

If an employee decides to leave, asking for feedback through a brief exit interview can help identify improvements for future recruitment, job design and induction. The Termination page covers exit interviews in more detail. 

Common questions

What is a probationary period?

A probationary period is a defined period of close supervision, training and review at the start of employment. It allows the employer to confirm the employee is suited to the role and the farm, while the employee decides whether the role suits them. 

How long is a probationary period?

It depends on the role and circumstances, commonly the first three to six months of employment. Probation is a contractual arrangement, so expectations should be set out in the position description and employment contract. 

What happens at a probation review?

The employer decides whether to retain the employee and identifies next steps — confirming ongoing employment, agreeing further training, restructuring duties, or ending employment if reasonable support has not led to improvement.

Can an employer end employment during probation?

Yes, where reasonable support has been provided and the employee is not suited to the role. The decision should be advised verbally at the review and confirmed in writing, as written notice of termination is required. Employees keep their notice entitlement even when employment ends during probation. 

Does probation remove unfair dismissal protection?

Not on its own. Unfair dismissal eligibility depends on the minimum employment period — generally six months, or 12 months for a small business with fewer than 15 employees. If employment continues beyond that period, additional steps may apply before ending employment, even during probation.