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  1. #1
    Join Date
    Jan 2010
    Location
    Sydney, Australia
    Posts
    11

    Question Probation periods

    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?

  2. #2
    Join Date
    Mar 2008
    Posts
    4

    Default

    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?

  3. #3
    Join Date
    Jan 2010
    Location
    Sydney, Australia
    Posts
    11

    Default

    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?

  4. #4
    Join Date
    Dec 2009
    Location
    Brisbane
    Posts
    24

    Default

    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!

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