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Create ResumeA probation period in Australia is not a legal free pass for employers to do whatever they like, and it is not a guarantee that you will automatically become “safe” once the probation date passes. It is a trial period used to assess whether the role, performance, conduct, culture fit, expectations, and working relationship are genuinely working. During probation, you are still an employee. You are still entitled to correct pay, leave, notice, and minimum workplace rights. What changes is mostly the employer’s confidence level and, in many cases, your access to unfair dismissal protection depending on how long you have worked there. This is where many job seekers get caught out. They focus on “passing probation” instead of understanding what is actually being assessed.
A probation period is an agreed period at the start of employment where both the employer and employee test whether the job is the right fit.
In Australia, probation periods are commonly three months or six months, although the exact period depends on the employment contract, company policy, role level, award, enterprise agreement, and employer preference.
The practical purpose is simple: the employer wants to see whether you can actually do the job in the real working environment, not just interview well. The employee should also be assessing whether the role, manager, workload, culture, flexibility, and expectations match what was promised.
That second part is often ignored.
Candidates are usually told, directly or indirectly, that probation is about the employer deciding whether to keep them. That is true, but incomplete. A probation period also gives you a valuable window to decide whether the employer was honest during the hiring process.
I have seen candidates treat probation like a performance exam where they must impress at all costs. That mindset can be dangerous. Yes, you need to perform. But you also need to observe. If the job description said “supportive team environment” and your manager has vanished since day three, that is information. If the workload is nothing like the role advertised, that is information. If you are already doing the work of two people while being told to “settle in”, that is also information.
Probation is not just about whether they choose you. It is also about whether you should keep choosing them.
Most probation periods in the Australian job market are either three months or six months.
A three month probation period is common for more straightforward roles where performance can be assessed quickly. A six month probation period is common for professional, corporate, technical, management, sales, healthcare, education, government adjacent, and specialist roles where the employer needs more time to assess capability.
Longer probation periods can exist, but job seekers should read them carefully. A long probation period is not automatically unfair, but it can reveal something about the employer’s risk appetite, management style, or uncertainty around the role.
Here is the hiring reality: some employers use probation properly. They set expectations, provide feedback, assess performance fairly, and confirm employment when the person is clearly suitable. Other employers use probation lazily. They throw someone into the role, provide little structure, then act surprised when the person does not magically decode the company’s internal chaos.
A probation period is only useful when expectations are clear.
If your contract says six months but nobody tells you what success looks like, you are not really on probation. You are guessing.
That is why job seekers should ask early:
What does successful performance look like by the end of probation?
What will I be assessed on?
Will there be formal check ins during probation?
Who gives feedback?
Are there any specific targets, behaviours, or outcomes expected?
What would make probation unsuccessful?
These questions are not pushy. They are normal, sensible, and professional. A good employer will respect them. A messy employer may avoid them, which tells you something.
One of the biggest misconceptions I see is that probation means you have fewer basic rights.
You do not become a “lesser employee” because you are on probation.
In Australia, employees on probation are still entitled to the correct minimum wage, National Employment Standards entitlements, leave entitlements where applicable, superannuation, a safe workplace, and proper notice if employment ends. Full time and part time employees also accrue annual leave during probation.
This matters because some candidates become too passive during probation. They accept underpayment, unpaid extra hours, unsafe behaviour, bullying, or unreasonable treatment because they are scared of rocking the boat.
I understand the fear. Starting a new job is vulnerable. You want to prove yourself. You do not want to be labelled difficult. But there is a difference between being professional and being silent while basic obligations are ignored.
Employers can assess whether you are suitable for the job. They cannot use probation as a magic shield against workplace laws.
A probation period does not mean:
You can be paid below your lawful minimum
You lose your right to superannuation
You lose access to relevant leave entitlements
You can be dismissed without notice if notice is legally required
You must tolerate unsafe or unlawful behaviour
You have no right to ask questions about your employment conditions
Candidates often ask, “Should I raise an issue during probation, or should I wait until I pass?”
My recruiter answer is: it depends on the issue.
If it is minor, use judgement. If it is about pay, safety, discrimination, bullying, unlawful conditions, or the role being materially different from what was agreed, do not ignore it. Raise it professionally, calmly, and in writing where appropriate.
A good employer does not need you to pretend everything is fine.
This is where many job seekers get confused.
A probation period and the minimum employment period for unfair dismissal are related in practice, but they are not the same thing.
In Australia, employees generally need to complete a minimum employment period before they can apply for unfair dismissal. For many employers, that period is six months. For small business employers, it is generally twelve months.
This means a three month probation period does not necessarily align with unfair dismissal eligibility. A six month probation period may align more closely for many non small business employers, but not always. A twelve month small business context is different again.
This is why I tell candidates not to assume that “probation ended” means every legal protection suddenly changes overnight.
From a hiring perspective, the employer may treat the end of probation as a confidence milestone. From a legal perspective, different rights and eligibility rules may depend on employment type, length of service, employer size, award coverage, contract terms, and the specific claim involved.
Also, unfair dismissal is not the only type of workplace issue. Some issues, such as discrimination, adverse action, workplace rights, safety concerns, or underpayment, may involve different legal pathways.
This article is not legal advice, and job seekers should check Fair Work or get proper employment law advice for their exact situation. But from a practical career perspective, the main point is this: do not treat probation as the only line that matters.
Probation is a workplace assessment period. Unfair dismissal eligibility is a separate legal concept.
Confusing the two leads candidates to either panic unnecessarily or feel safer than they actually are.
Probation is rarely just about whether you can perform the tasks listed in the job ad.
That is the neat version.
The real version is broader.
Hiring managers are usually assessing a mix of capability, reliability, communication, judgement, attitude, pace, learning ability, team fit, stakeholder management, and whether you are easier or harder to manage than expected.
This does not mean you need to be perfect. In fact, sensible employers do not expect perfection during probation. They expect evidence that you are learning, adapting, taking feedback, and becoming useful quickly enough.
Here is what often gets discussed behind the scenes:
Does the person understand the role?
Are they picking things up at the expected pace?
Do they ask useful questions or need the same thing explained repeatedly?
Can they manage feedback without becoming defensive?
Are they reliable with time, attendance, communication, and follow through?
Do they create confidence or uncertainty?
Are they building good working relationships?
Is the manager spending a reasonable amount of time supporting them, or too much?
Are there early signs of performance, conduct, or attitude issues?
That last point matters.
Most probation concerns are not one dramatic failure. They are usually patterns.
The candidate misses details repeatedly. They wait to be chased. They seem unclear but do not ask questions. They overpromise and underdeliver. They create confusion. They blame others too quickly. They resist feedback. They do not seem interested. They are technically capable but exhausting to manage.
Hiring managers do not always say this clearly. They may use soft language like:
“We are not sure they are the right fit”
“They are not quite where we need them to be”
“There are some communication concerns”
“They need a lot of support”
“The team is finding it challenging”
Decoded, this often means the employer is losing confidence.
Probation is about confidence. Your job is not only to do tasks. Your job is to reduce uncertainty.
The best way to approach probation is not to perform like a desperate theatre actor trying to impress everyone.
The best approach is to become clear, reliable, coachable, and useful as quickly as possible.
That sounds simple, but many people get it wrong because they focus on being liked instead of being trusted.
Trust is built through small, consistent signals.
You do what you said you would do. You ask when something is unclear. You write things down. You confirm priorities. You communicate early when something may be delayed. You do not hide mistakes. You show that feedback leads to a change in behaviour.
During probation, your manager is often asking themselves one quiet question: “Can I rely on this person?”
You want the answer to become easier every week.
A practical probation strategy is to focus on four things.
Do not wait until the end of probation to find out what you were supposed to prove.
In your first few weeks, ask your manager what good performance looks like in the role. Ask what matters most in the first thirty, sixty, and ninety days. Ask how they prefer updates. Ask which mistakes are common for new starters.
This is not needy. It is commercially sensible.
The candidates who struggle are often the ones who assume expectations are obvious. They rarely are.
Every workplace has unwritten rules. Every manager has preferences. Every team has its own version of “urgent”, “good communication”, and “taking initiative”. Your job is to learn the actual operating system, not the polished version from the interview.
You do not need to create a legal file on your employer like you are preparing for a courtroom drama. Calm down, Sherlock.
But you should keep basic notes.
After check ins, write down what was discussed, what was agreed, and what you need to improve. If priorities shift, confirm them. If you receive positive feedback, note that too.
This helps you stay aligned and protects you from vague end of probation surprises.
A simple follow up email can be useful:
Example
“Thanks for the feedback today. I understand the key priorities for the next month are improving turnaround time on client reports, becoming more confident with the CRM process, and providing earlier updates when deadlines may shift. I’ll focus on these and check in again next fortnight.”
That message does three useful things. It confirms expectations, shows professionalism, and creates a written record without sounding defensive.
Employers like coachable employees. They do not want someone who argues with every piece of feedback or needs a full courtroom hearing before changing behaviour.
But coachable does not mean silent.
A strong probation employee can say:
Example
“That makes sense. I’ll adjust how I do that. Just so I apply it properly, can you show me what good looks like in this team?”
That is far better than pretending you understand and then repeating the same issue.
Coachability is not about agreeing with everything. It is about showing that feedback turns into action.
Some candidates work hard during probation but fail to make their work visible.
This is common in remote and hybrid roles across Australia, where managers may not see effort directly. In office based roles, visibility can also be uneven if your manager is busy, travelling, or managing multiple priorities.
Do not assume your manager knows what you are doing.
Send useful updates. Keep them short. Focus on outcomes, blockers, and next steps.
Good visibility is not self promotion. It is risk reduction. It helps your manager understand progress without chasing you.
Job seekers often ask what signs suggest probation may not go well.
There are obvious signs, such as formal warnings, repeated negative feedback, or being told directly that performance is below expectations. But there are also quieter signs.
Pay attention if:
Your manager becomes less communicative
Your work is checked more closely than before
You stop being invited into future planning discussions
Feedback becomes vague but tense
You are told to “just focus on the basics” after previously being given broader responsibilities
Your probation review is delayed without explanation
You are not given clear answers about confirmation
You receive repeated feedback about the same issue
Other team members appear to be working around you rather than with you
None of these signs automatically means you will fail probation. But they do mean you should act quickly.
The worst response is to become anxious and guess silently.
Ask for a meeting. Keep it professional.
You can say:
Example
“I want to make sure I’m meeting expectations before the probation review. Are there any areas you feel I need to improve or demonstrate more strongly over the next few weeks?”
This gives the employer a chance to be clear. It also shows maturity.
If they still avoid giving feedback, that is a management issue. Unfortunately, weak managers often prefer vague discomfort over direct communication. Lovely for team morale, obviously.
Before accepting a role in Australia, read the probation clause properly. Do not just skim it because you are excited to get the offer.
The probation clause may tell you more about the employer than you think.
Look for:
The length of the probation period
Whether probation can be extended
How much notice applies during probation
Whether the notice period changes after probation
Whether confirmation is automatic or written
Whether performance reviews are mentioned
Whether any conditions apply to bonuses, commission, benefits, or flexibility during probation
Whether the clause aligns with what was discussed verbally
Be careful with verbal promises.
If the employer says, “You can work from home after probation”, ask for that in writing. If they say, “The salary will be reviewed after probation”, ask what that means. A review does not mean an increase. It often means a conversation. Sometimes a very short one.
This is one of the most common candidate traps.
Employers use phrases like:
“We will review salary after probation”
“There may be flexibility once you are settled”
“There is room to grow”
“The role may evolve”
These phrases are not necessarily bad. But they are not guarantees.
Decoded:
“Review salary” may mean they will discuss it, not increase it
“Flexibility once settled” may mean your manager decides later
“Room to grow” may mean no actual promotion pathway exists yet
“Role may evolve” may mean the job is not fully defined
Ask direct questions before you sign. A professional employer will not be offended by clarity.
A probation extension can feel awful, but it is not always the end of the road.
Sometimes employers extend probation because there are genuine performance concerns. Sometimes they extend it because the manager has not provided enough support or has not seen enough evidence yet. Sometimes they extend it because the business is disorganised and nobody handled the review properly.
The key is to get specifics.
If your probation is extended, ask for:
The reason for the extension
The exact length of the extension
The specific areas needing improvement
How success will be measured
What support or training will be provided
When the next review will happen
Whether the extension changes any notice or employment conditions
Do not accept vague feedback like “we just need to see more”.
More of what?
More speed? More accuracy? More confidence? More stakeholder management? More sales activity? More independence? More cultural alignment?
Vague feedback is not enough to improve from.
A strong response is:
Example
“I understand the probation period is being extended. To make sure I focus on the right areas, can we document the specific expectations I need to meet by the next review date?”
That is calm, professional, and reasonable.
If the employer cannot explain what needs to improve, the issue may not be your performance. It may be poor management, unclear role design, internal politics, budget hesitation, or a hiring decision they are now second guessing.
Not every probation extension is a fair reflection of the employee.
Losing a job during probation can feel personal, especially if you left another role to accept it.
But from a recruitment perspective, probation endings are not always a clean judgement of your ability. Sometimes the role was badly scoped. Sometimes the manager hired for one thing and expected another. Sometimes the business changed direction. Sometimes the onboarding was poor. Sometimes there was a genuine mismatch.
You still need to be honest with yourself.
Ask:
Was I clear on the expectations?
Did I receive feedback early enough?
Were the concerns fair?
Did I act on feedback?
Was the role different from what was advertised?
Was the manager reasonable and available?
Were there warning signs I ignored?
If you are applying for new roles after a short probation ending, do not over explain it in your resume. A short role does not always need a dramatic explanation upfront. If asked in an interview, keep it factual and calm.
Weak Example
“They were terrible and had no idea what they were doing. The whole company was toxic.”
Even if true, this answer creates risk. Hiring managers hear emotion, not evidence.
Good Example
“The role turned out to be different from what was discussed during the hiring process, particularly around responsibilities and reporting lines. We agreed it was not the right long term fit. I’m now focused on roles where the expectations, structure, and success measures are clearer from the start.”
That answer is controlled. It does not sound bitter. It also shows you learned something.
The goal is not to pretend nothing happened. The goal is to explain it without making the next employer worry that drama follows you everywhere.
The most common probation mistakes are not always dramatic. They are often small behaviours that slowly reduce confidence.
One mistake is waiting too long to ask questions. Many new employees think asking questions makes them look weak. In reality, asking good questions early usually makes you look thoughtful. Asking basic questions repeatedly after months of silence is the problem.
Another mistake is trying to prove value by taking on too much too soon. Initiative is good. Randomly grabbing work without understanding priorities is not. During probation, good judgement matters as much as effort.
Some candidates also become too informal too quickly. They relax before they have built trust. This can show up as lateness, casual communication, missed details, gossip, defensiveness, or assuming flexibility before it has been earned or agreed.
Remote and hybrid workers face another issue: invisibility. If your manager cannot see your work, you need to communicate progress more deliberately. Silence is often interpreted as uncertainty, not quiet productivity.
A big mistake is ignoring cultural signals. Every workplace has a rhythm. Some teams value speed. Some value precision. Some expect constant updates. Some expect independence. Some say they want initiative but panic when you make a decision without approval. Yes, contradictory. Welcome to workplaces.
Your job during probation is to understand the real expectations, not just the official ones.
A fair probation period should not feel like a mystery exam.
Good employers usually provide:
Clear role expectations
Proper onboarding
Access to systems and tools
Regular check ins
Specific feedback
Reasonable time to improve
Clear communication before the final probation decision
Written confirmation when probation is completed
When an employer manages probation well, the employee should not be shocked by the outcome.
If someone fails probation after months of silence and no feedback, that tells me the employer has also failed part of the process. It does not automatically mean the dismissal is unlawful, but it does suggest poor management practice.
Good hiring is not just selecting the right person. It is setting that person up properly once they start.
This is where many companies lose good candidates. They spend weeks interviewing, assessing, reference checking, and negotiating, then provide onboarding that looks like it was assembled during a lunch break. Then they wonder why the new hire is confused.
Probation should be a structured assessment, not a guessing game.
Job seekers often forget that they are allowed to evaluate the employer too.
During probation, pay attention to whether the organisation is what it claimed to be.
Ask yourself:
Is the role close to what was advertised?
Are the working hours realistic?
Is the manager available and clear?
Are expectations reasonable?
Are people respectful?
Is feedback specific or vague?
Are systems and processes workable?
Does the company honour what was promised during recruitment?
Do employees seem stable or constantly burnt out?
Is the culture healthy, or just nicely described on the careers page?
This matters because leaving during probation can sometimes be better than staying too long in a role that was wrong from the start.
I am not suggesting you quit at the first inconvenience. Every new role has awkward stages. You will feel clumsy. You will not know names, systems, politics, acronyms, or why Sharon from finance has such strong opinions about the spreadsheet format.
But there is a difference between normal adjustment discomfort and genuine role misrepresentation.
If the employer promised training and gives none, that matters. If they promised hybrid work and then quietly remove it, that matters. If the job is significantly different from the one discussed, that matters.
Probation is your evidence gathering period too.
Before accepting the role:
Read the probation clause in the contract
Check the probation length and notice period
Ask whether probation can be extended
Clarify any promises linked to probation, such as salary review, hybrid work, or benefits
Ask what success looks like in the first three to six months
During probation:
Clarify expectations early
Keep notes from check ins
Ask for feedback before the formal review
Communicate progress and blockers
Act on feedback quickly
Watch whether the employer honours what was promised
Raise serious issues professionally and early
Before the probation review:
Prepare examples of what you have delivered
Review feedback already received
Identify areas where you have improved
Ask whether there are any concerns before the final decision
Get confirmation in writing if probation is completed
If probation is extended or employment ends:
Ask for specific reasons
Request clear written expectations if extended
Check your final pay, notice, and leave entitlements
Keep your explanation factual when applying for future jobs
Reflect honestly, but do not turn one poor fit into a judgement on your whole career
Written by Simar Malhi, a recruiter and headhunter with international recruitment experience. I write about CVs, job applications, hiring decisions, and the reality behind recruitment processes. My goal is to help candidates understand more honestly how employers, recruiters, and hiring managers actually select candidates.
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