Probation periods

[sedky]

I've been looking for clarification regarding probation periods online but can't seem to find the legislation, so perhaps someone can enlighten me about how long a probation period can be. I thought it was three months, renewable once, but my new employer claims it is six. Does anyone know what it is under NES?

[CherylS]

My understanding is that there is not set "probationary period" outlined under the new Fair Work Act however employees are prevented from accessing unfair dismissal until they have completed a 6 month qualifying period which may be what your employer is refering to. Also, is there any reference to a probationary period in your contract?

[sedky]

The organisation's Enterprise Agreement gives all employees a probation period of 6 months, which struck me as odd but I still can't find anything that rules against this, and it got through the union so surely it has been well-scrutinised. I just wondered whether there were any guidelines around this?

[Roelie]

Small business, 15 or less staff has a probation period of 12 months. If you have more than 15 staff probation period is 6 months!