Probation

Background

Under the Public Service Act 1999, Agency Heads may apply a period of probationary employment to new employees, whether ongoing or non-ongoing. They also have discretion relating to the manner in which probation is managed.

While the PS Act does not prescribe any minimum or maximum period of probation, decisions of the Australian Industrial Relations Commission concerning applications under the Workplace Relations Act 1996 against unfair or unlawful dismissal provide useful guidance as to what constitutes a reasonable period of probation. This information has been considered in developing this policy.

New employees are advised of the conditions of engagement (including probation) at the time of formalising the employment contract. This policy is available on the AIHW website for viewing by prospective employees. Managers should remind new employees about the probation procedures when they commence their employment.

What is probation?

Probation is close supervision and monitoring of an employee's work performance during the initial period of employment. It is an intergral component of effective performance management. It allows a manager to identify relevant strengths and weaknesses in an employee's performance, to provide constructive feedback and to take any necessary remedial action.

Appropriate action to address weaknesses identified during the probationary period assists employees to improve their performance. Where this improvement does not happen, underperforming employees may have their employment terminated. Over the longer term, such action can save resources otherwise required for supervision, counselling, training and management of underperforming people.

Proper induction complements probationary procedures by providing new employees with an understanding and appreciation of the requirements of their jobs and the standard of work expected, as well as the goals, functions and values of their agency and the APS as a whole. The role of the supervisor is critical.

Does probation apply after promotion or transfer?

No. A probation period applies when an employee first joins the APS, as a condition of engagement. That is, their engagement is conditional upon the satisfactory completion of a probationary period, and their employment may be terminated during the probationary period for unsatisfactory performance without recourse to the unfair dismissal provisions of the Workplace Relations Act 1996.

Probation does not apply to ongoing APS employees who move to the Institute from another APS agency.

Probation does not apply to employees who are promoted or reassigned duties within the Institute.

The performance of these employees should be monitored in accordance with the Institute's current Performance Communication Policy.

How does probation work at the AIHW?

Length of probationary period

Given the complexity of most work at the Institute, the probation period is 6 months with provision for extension. New employees who have worked at the Institute previously may apply to have the probation period shortened or waived.

The probationary period may be extended by the manager in consultation with the Human Resources Manager, People Unit. Possible reasons for extension include lengthy absences preventing an assessment of performance; or allowing sufficient time for requested performance improvements or skills to be developed.

Formal procedures to follow

Managers should complete a report after 5 months, requiring comments on conduct and work performance. Managers should show the completed reports to employees, and provide constructive feedback and advice on improvement. The completed report should be returned to the People Unit for filing or further action as appropriate.

Outcome of satisfactory completion of probation

Ongoing employees who satisfactorily complete the probation period will continue indefinitely in their position at the Institute.

Non-ongoing employees who satisfactorily completed the probation period will continue in their position at the Institute for the duration of their contract of engagement.

Outcomes of unsatisfactory performance or conduct during the probation period

There are two options for employees who do not satisfactorily complete the probation period:

• The Director may terminate the engagement; or
• The employee may be reassigned to other duties within the Institute, if it appears that s/he may be able to perform satisfactorily with a different type of work. Such reassignment may be at the same classification level or at a reduced level. This could occur only if other work was available.

Recommendations to terminate employment or reassign duties must be made well before the expiration of the probationary period. Managers should make recommendations through the Human Resources Manager, People Unit, in sufficient time for the termination to take place before the end of the probationary period.

Underlying principles to be followed

Equity, effectiveness and accountability underpin induction and probation. For natural justice reasons, it is essential for managers to provide new employees with guidance, feedback, counselling and an opportunity to respond to comments on their performance.

All employees are covered by the AIHW Collective Agreement 2008-2012 (269KB PDF), and if they feel they have been treated unfairly, they are entitled to request that the procedures for resolving workplace issues (page 39, clauses 271-272) and/or review of employment actions (page 39, clauses 273-275) be followed.