Probation periods at work – understanding your rights

It is common practice in Australia for a clause related to a probationary period to be included in your employment contract. In this blog, we explore entitlements and protections related to probation periods under the Fair Work Act, and other general rights and entitlements while on probation, including:

• what a probation period is;
• termination of employment while on probation;
• resigning during a probation period;
• general protections claims while on probation; and
• unfair dismissal claims while on probation.

Which employees are covered by the Fair Work Act?

National system employees are covered by the Fair Work Act.

National system employees are:

• all employees in Victoria (with limited exceptions in relation to State public sector employees), the Northern Territory and the Australian Capital Territory;