A probation period in Australia is a settling-in stretch, often 3 to 6 months, in which you and your employer find out whether the job fits. It does not shrink your pay, leave or notice rights: Fair Work says employees on probation get the same entitlements as everyone else. The rule people confuse it with is a separate one: you generally need 6 months with an employer (12 months at a small business) before you can apply for unfair dismissal.
This guide is for anyone starting a job in Australia, whatever passport you hold. A later section covers New Zealand, where probation and trial periods work differently.
Probation in Australia, in three lines
- The employer usually decides how long it lasts. Fair Work says it often runs from 3 to 6 months from the start of employment.
- It comes from your contract, and a contract can be written or verbal. If nobody tells you the length, ask for it by email.
- It is a review window for both sides, not a lower class of job.
Your employer must also hand you the Fair Work Information Statement before you start or as soon as possible after. Casuals get the Casual Employment Information Statement as well, and a new fixed term contract comes with the Fixed Term Contract Information Statement. Those papers describe your rights from day one, probation or not. If you have not signed yet, run the offer through our job offer checklist for Australia and New Zealand first.
What probation does not change
The National Employment Standards (NES) are the minimum entitlements for all employees in the national workplace relations system, and an award, contract or agreement cannot give you less. A probation clause is no exception. In practice:
| Entitlement | While you are on probation |
|---|---|
| Minimum pay | The award or agreement rate for your job, which may be higher than the National Minimum Wage of $26.44 an hour (from 1 July 2026) |
| Annual leave | 4 weeks of paid annual leave a year for full-time and part-time staff; casuals do not get paid annual leave |
| Sick and carer's leave | 10 days a year for full-time staff, pro-rata for part-time; casuals get 2 days of unpaid carer's leave per occasion |
| Super | Paid by your employer at the general super guarantee rate of 12% (1 July 2026 to 30 June 2027) |
| Pay slips | Within 1 working day of pay day, showing pay, deductions and super contributions |
| Notice if the job ends | Still applies, even when the job ends during probation |
| Unfair dismissal application | Usually not yet: it needs 6 months with the employer, or 12 months at a small business |
Fair Work says visa holders and migrant workers have the same workplace rights and protections as all other employees in Australia, including pay, leave, protection from discrimination and final pay.
Notice still applies if probation ends early
A probation review can end with "this is not working", from either side. Fair Work says employees are entitled to a notice period even if their employment ends during probation.
How much notice depends on your situation, so check the figure in your contract against Fair Work's page on dismissal and notice. Then check your last pay slip: the 1-working-day rule and the required details still apply to your final pay.
Probation and unfair dismissal run on two separate clocks
Probation is a period your employer chooses. Whether you can apply for unfair dismissal depends on how long you have worked for the employer, whatever your contract calls that time:
- At least 6 months with most employers.
- At least 12 months if the employer is a small business, which means fewer than 15 employees.
- The application goes to the Fair Work Commission within 21 days of the dismissal.
So a 3-month probation at a large employer ends well before you reach the unfair dismissal threshold. A 6-month probation at a small business still leaves another 6 months to go. Do not treat the end of probation as the day your protection switches on; count the months yourself. The details are on Fair Work's unfair dismissal page.
On a sponsored visa, a failed probation costs more
If your visa ties you to one employer, losing the job during probation affects more than your income. A subclass 482 holder may work only in the occupation they were nominated for and only for the nominating business (or, in some circumstances, an associated entity). The job and the visa are linked from the start: a 482 holder must begin employment within 90 days of entering Australia, or of the grant date if already in Australia.
Two facts help keep panic in check. Your employer cannot cancel your visa; only Home Affairs can grant, refuse or cancel visas. And contacting the Fair Work Ombudsman about a pay or dismissal problem will not get your visa cancelled. Before you make any move after a job ends, check your visa conditions with Home Affairs or a registered migration agent.
Leaving a job in the Gulf to start one in Australia? EmiratesPrime's guide to resigning during probation in the UAE explains the rules on that side before you hand in notice.
New Zealand: probation and trial periods are different tools
New Zealand uses two terms that sound alike and work very differently. Every employee there must have a written employment agreement, and either one has to be in it.
| Question | Probationary period | Trial period |
|---|---|---|
| How long? | Any length of time | No longer than 90 calendar days |
| Who can be put on one? | Any employee | Only someone who has not worked for that employer before, at the start of the job |
| If you are dismissed | The employer must follow the usual dismissal process | You cannot raise a personal grievance about the dismissal (except in some circumstances) |
| Paperwork | Set out in your employment agreement | Must be in the agreement, signed before you start work, or it is not valid |
You are paid during a trial period and keep the same rights as other employees apart from that one limit. Everyone in New Zealand, migrants included, has the same minimum employment rights, such as paid holidays and sick leave.
If you are moving on an Accredited Employer Work Visa (AEWV), read the agreement closely. Employment New Zealand says Immigration New Zealand does not allow trial periods for migrant workers employed on an AEWV, so a "90-day trial" clause in an AEWV offer is something to query before you sign. Its page on trial periods sets out the conditions.
A trial period also differs from an unpaid tryout before you are hired. Our guide to when an unpaid trial shift is legal draws that line for both countries. Sponsored New Zealand roles, like this duty manager job in Christchurch, come from accredited employers, so the AEWV rule above is the one to know.
How to get through probation: a step-by-step plan
- In week one, get the terms in writing: the probation length, who reviews you and when. If your contract was verbal, ask for a confirming email.
- Check your first pay slip against your award or agreement rate, your hours and your super. Raise any error early, politely and in writing.
- Ask your manager what a good result looks like at the review, and agree two or three goals you can measure.
- Book a short check-in halfway through. A problem raised at the halfway mark is far easier to fix than one found at the final review.
- Keep a simple record of tasks finished, training completed and feedback given. It helps at the review and later when you choose referees; our guide to job references in Australia and New Zealand explains who makes a good one. Optional: a verified Talent Tabloid profile lets future employers check your experience and can help your next application stand out.
- Put two dates in your calendar: the end of probation and the 6- or 12-month mark for unfair dismissal.
- If you are on a sponsored visa, read your visa conditions now, not after a bad review.
If probation does not work out
If the job ends, work through these checks calmly:
- Compare the notice you received with your contract and Fair Work's dismissal page.
- Check your final pay slip, including super and any deductions.
- If you had passed the 6- or 12-month mark and believe the dismissal was unfair, remember the 21-day limit for a Fair Work Commission application.
- For help in your own language, call the Translating and Interpreting Service on 131 450 and ask them to call the Fair Work Ombudsman on 13 13 94.
Then get back into the search. Add the new role and what you achieved in it to your CV (Build AI CV can help you rewrite it for each job), and use our 6-step plan for finding a job in Australia or New Zealand to pick the next target. Our first job in Australia guide covers the tax and super set-up again if you change employer.
Common mistakes during probation
- Believing probation means lower pay or no leave. The NES apply from your first day.
- Assuming you can be let go with no notice. Notice still applies during probation.
- Treating the end of probation as the start of unfair dismissal protection. The legal test is 6 months, or 12 at a small business, whatever the probation length.
- Starting work in New Zealand before signing the agreement and assuming its trial period counts. It is not valid if you had not signed first.
- Accepting a trial period in an AEWV job offer without asking why it is there.
Frequently asked questions
How long is a probation period in Australia?
Fair Work says the employer usually decides, and it often runs from 3 to 6 months from the start of employment. Check your contract, and because a contract can be written or verbal, ask for the length by email if nobody has told you.
Do I get paid leave while on probation?
Yes. Fair Work says employees on probation get the same entitlements as other employees, including the National Employment Standards and paid leave for full-time and part-time staff. That means 4 weeks of annual leave a year and 10 days of paid sick and carer's leave for full-time employees.
Can I be dismissed during probation without notice?
No. Fair Work says employees are entitled to a notice period even if their employment ends during probation. Check the notice length in your contract against Fair Work's dismissal page.
Can I claim unfair dismissal if I fail probation?
It depends on how long you worked there, not on the probation label. You need at least 6 months with the employer, or 12 months at a small business with fewer than 15 employees, and the application must reach the Fair Work Commission within 21 days of the dismissal.
Can an AEWV worker in New Zealand be put on a 90-day trial?
No. Employment New Zealand says Immigration New Zealand does not allow trial periods for migrant workers employed on an Accredited Employer Work Visa. A probationary period is different: it can be any length, and the employer must follow the usual dismissal process.
Key takeaways
- Probation in Australia often lasts 3 to 6 months and is set by the employer.
- Pay, leave, super, pay slips and notice rights apply in full during probation.
- Unfair dismissal eligibility counts your months of work (6, or 12 at a small business), not your probation label; apply within 21 days.
- On a 482 visa a lost job matters more, but your employer cannot cancel your visa.
- In New Zealand, trial periods are capped at 90 days, must be signed before you start and are not allowed for AEWV workers.
