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Old 04-03-2010, 03:16 PM
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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?
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Old 08-03-2010, 07:22 PM
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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?
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Old 08-03-2010, 09:42 PM
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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?
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Old 09-03-2010, 02:42 PM
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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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