Performance Review Form (Australia)

A Probation Review Form is a formal written document used by Australian employers to assess an employee's performance and conduct during their probationary period and to record the outcome of that review — whether the employee's employment is confirmed, the probation period is extended, or employment is terminated. A properly documented probation review is a critical element of lawful employment management under the Fair Work Act 2009 (Cth). What Is a Probation Review Form? A Probation Review Form (also referred to as a probationary period assessment, trial period review, or performance appraisal for new employees) is a structured record of a formal review meeting held between an employer and a new employee at or near the end of their agreed probationary period. The form documents the employer's ratings across key performance dimensions — including job knowledge, quality of work, initiative, teamwork and attendance — as well as a structured record of the outcome decision, the reasons for that decision, and any development goals set for the employee going forward. In Australia, probationary periods are not defined in the Fair Work Act 2009 (Cth) by that term, but the Act's concept of the minimum employment period is directly relevant. Under s 382 of the Act, an employee must have completed the minimum employment period before they are eligible to bring an unfair dismissal application to the Fair Work Commission. For employers with 15 or more employees, the minimum employment period is six months. For small business employers (fewer than 15 employees, as defined in s 23 of the Act), the minimum employment period is one year. This means that during the probationary period — provided it aligns with the minimum employment period — an employer has greater flexibility to terminate employment without the risk of an unfair dismissal claim. When Is a Probation Review Form Needed? A Probation Review Form should be used by any Australian employer at the end of a new employee's probationary period as a matter of best practice. It is particularly important in the following situations: - When the employer intends to confirm the employee's ongoing employment and wishes to document that decision on the personnel file; - When the employer has concerns about the employee's performance or conduct and is considering extending the probationary period to allow further time for improvement; - When the employer is considering terminating the employment at or near the end of the minimum employment period, and wishes to document the reasons for that decision; - When the employer's enterprise agreement or Modern Award contains specific requirements about performance review procedures for new employees; - When the organisation's internal HR policy requires a formal probation review to be conducted and documented for all new hires. Even where the employer intends to simply confirm employment, documentation of a probation review is valuable. It establishes a baseline record of performance expectations, creates a record of any development goals or areas for improvement communicated to the employee, and provides a foundation for future performance management if issues arise after the probationary period. Key Elements of an Australian Probation Review Form A compliant and effective Australian Probation Review Form should include the following elements: 1. Employer and employee identification: The full legal name of the employer, ABN, the employee's full name, job title, department, state or territory of employment, commencement date, and the scheduled end date of the probationary period. 2. Structured performance ratings: Objective, criterion-based ratings across key areas of performance such as job knowledge and technical skills, quality and accuracy of work, initiative and problem solving, teamwork and communication, and attendance and punctuality. 3. Narrative assessment: A written summary of the employee's key strengths observed during the probationary period, and a clear, constructive description of any areas that require further improvement. 4. Outcome decision: A clear statement of the review outcome — whether employment is confirmed, the probationary period is extended, or employment is terminated — together with written reasons for that decision. 5. Extended probation details: If the probationary period is being extended, the new end date must be specified and communicated in writing. 6. Development goals: Where employment is confirmed or extended, specific, measurable development goals set for the employee's next review period assist in managing ongoing performance expectations. 7. Employee comments: An opportunity for the employee to record their own comments on the review, promoting procedural fairness and two-way communication. 8. Signatures: Signatures by both the reviewing manager and the employee confirm that the review has been conducted and its outcome communicated. The employee's signature on an acknowledgement section confirms receipt and understanding — not necessarily agreement with every assessment. Fair Work Act 2009 (Cth) — Probation and the Minimum Employment Period Under the Fair Work Act 2009 (Cth), the minimum employment period under s 382 provides a window during which an employer may terminate employment without exposure to an unfair dismissal claim, provided the termination does not involve a breach of the general protections provisions (s 340) or unlawful termination provisions (s 772). Employers should note that other legal obligations — including anti-discrimination obligations under the Racial Discrimination Act 1975 (Cth), Sex Discrimination Act 1984 (Cth), Disability Discrimination Act 1992 (Cth), and applicable state and territory anti-discrimination legislation — apply throughout the employment relationship, including during the probationary period. This template is suitable for use across all Australian states and territories including New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory, and the Northern Territory, for employers covered by the national workplace relations system.

An Employee Warning Letter is a formal written document issued by an Australian employer to notify an employee of a conduct or performance concern and to warn the employee that further disciplinary action — including dismissal — may follow if the required improvement is not achieved. Under the Fair Work Act 2009 (Cth), a properly issued written warning is a critical step in the progressive discipline process and forms part of the procedural fairness that employers must demonstrate before terminating employment on performance or conduct grounds. What is an Employee Warning Letter? An Employee Warning Letter (also called a formal written warning, a written notice of unsatisfactory performance, or a conduct warning) is a documented disciplinary notice placed on an employee's personnel file. It sets out the specific conduct or performance concern, the employee's response, the improvement required, and the potential consequences of failing to meet those requirements. Unlike informal counselling or a verbal warning, a written warning creates a formal record that can be relied upon in Fair Work Commission proceedings. When is an Employee Warning Letter Needed? An Employee Warning Letter is needed whenever an Australian employer wishes to formally address a matter of unsatisfactory work performance, misconduct, a breach of workplace policy, attendance or punctuality issues, or failure to follow a reasonable and lawful direction. It is particularly important before any consideration of termination on performance grounds, because the Fair Work Act 2009 (Cth) s 387(e) requires that, in assessing whether a dismissal was harsh, unjust or unreasonable, the Fair Work Commission must consider whether the employee was previously warned about their unsatisfactory performance before being dismissed for that reason. Key Elements of an Australian Employee Warning Letter A compliant Australian Employee Warning Letter should include the following elements: 1. Employer and employee identification: Full legal names, job titles, department, and commencement date. 2. Warning level: Whether this is a first, second, or final written warning. Progressive discipline is recognised as best practice under the Fair Work Act 2009 (Cth). 3. Nature and classification of the issue: A clear description of whether the concern relates to performance, misconduct, attendance, policy breach, or another category. 4. Factual description of the incident: An objective, date-specific account of the conduct or performance issue, including any witnesses and any policy or rule breached. 5. Prior disciplinary history: A summary of any prior formal or informal warnings relevant to this matter. 6. Opportunity to respond: Under the Fair Work Act 2009 (Cth) s 387(b), an employee must be given an opportunity to respond to allegations before a decision to warn or dismiss is made. The letter should record when this opportunity was given and summarise the employee's response. 7. Right to a support person: Under s 387(d) of the Fair Work Act 2009 (Cth), an employee is entitled to have a support person present at any meetings related to the disciplinary process. The letter should confirm this right was offered. 8. Required improvement: Specific, measurable corrective actions and a review date by which improvement must be demonstrated. 9. Consequences of non-improvement: A clear statement that further disciplinary action — including termination — may follow if the required standard is not achieved. This satisfies the warning requirement under s 387(e) of the Fair Work Act 2009 (Cth). 10. Employee acknowledgement: A signature line for the employee to acknowledge receipt of the letter. Acknowledgement does not constitute agreement with the warning. Fair Work Act 2009 (Cth) — Procedural Fairness Requirements Australian employers covered by the national workplace relations system must comply with the Fair Work Act 2009 (Cth) when managing employee performance and conduct. Under s 387 of the Act, the Fair Work Commission must consider several criteria when determining whether a dismissal was unfair, including whether the employee was notified of the reason for dismissal (s 387(b)), given an opportunity to respond (s 387(b)), permitted to have a support person (s 387(d)), and warned about unsatisfactory performance (s 387(e)). A written warning letter that complies with these procedural steps reduces the risk of an unfair dismissal claim succeeding before the Commission. This template is designed for use across Australia, including New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory, and the Northern Territory, for employers in the national workplace relations system.

A Salary Review Letter is a formal written document issued by an Australian employer to notify an employee of the outcome of their annual or periodic salary review. It records the employee's current and new remuneration — including base salary, superannuation contributions, and total package — the percentage increase awarded (if any), the effective date of the adjustment, and the basis for the salary review decision. A well-drafted salary review letter provides clarity, supports transparency, and creates a contemporaneous written record of the remuneration adjustment on the employee's personnel file. What Is a Salary Review Letter? A Salary Review Letter (also referred to as a salary increase letter, annual pay review letter, remuneration adjustment letter, or compensation review letter) is a formal written communication from an employer to an individual employee confirming the outcome of a salary review. Unlike a general pay policy announcement, a salary review letter is addressed to a specific employee and sets out their individual remuneration position before and after the review, including the new base salary, the updated employer superannuation contribution (calculated at 11.5% of ordinary time earnings under the Superannuation Guarantee (Administration) Act 1992 (Cth)), and the total remuneration package. The letter also records the basis for the salary adjustment — which may include performance, market benchmarking, cost of living, or a combination of these factors. In Australia, remuneration adjustments must comply with any applicable Modern Award or enterprise agreement minimum pay obligations under the Fair Work Act 2009 (Cth). The Fair Work Commission reviews and adjusts Modern Award minimum wages annually through the Annual Wage Review process, with increases generally taking effect from 1 July each year. Employers must ensure that any salary review outcome does not result in the employee's remuneration falling below the applicable Modern Award rate or the National Minimum Wage for their classification and employment type. When Is a Salary Review Letter Needed? A Salary Review Letter should be issued by any Australian employer following a formal salary or remuneration review. It is particularly important in the following situations: - Following an annual performance and salary review cycle, where the outcome is a base salary increase, a market realignment, or a decision to maintain current remuneration; - When an employer wants to provide the employee with a clear, written record of their new remuneration package including base salary, superannuation contributions, and any bonus or incentive payment; - When the employer wants to set out the basis for the salary review decision, including reference to the employee's performance rating, market benchmarking data, or company performance; - When the employer's employment contracts, enterprise agreement, or HR policy requires formal written notification of salary review outcomes; - When an employee's classification or role grade changes as part of a broader remuneration review. Key Elements of an Australian Salary Review Letter A complete and professionally drafted Australian Salary Review Letter should include the following elements: 1. Employer details: The full legal name of the employer, ABN, and business address, together with the name and title of the authorised officer signing the letter. 2. Employee details: The full name, job title, department, and state or territory of employment of the employee receiving the letter. 3. Current remuneration: A clear statement of the employee's current base salary (per annum, exclusive of superannuation), the current annual employer superannuation contribution, and the current total remuneration package. 4. New remuneration: The employee's new base salary from the effective date, the updated annual employer superannuation contribution (calculated at 11.5% of the new base salary), and the new total remuneration package — clearly setting out the type of adjustment and percentage increase if applicable. 5. Effective date: The specific date from which the new salary takes effect, typically the first day of the next pay period after the review date. 6. Basis for decision: A brief narrative explanation of the factors that informed the salary review outcome, such as performance review rating, market data, length of service, or CPI adjustments. 7. Additional remuneration: Details of any bonus or incentive payment awarded as part of the review, including the amount, payment date, and whether it is discretionary or contractual. 8. Superannuation notice: Confirmation that employer superannuation contributions will be calculated at 11.5% of ordinary time earnings on the new base salary under the Superannuation Guarantee (Administration) Act 1992 (Cth). 9. Employee acknowledgement: A sign-off section for the employee to confirm receipt and understanding of the salary review outcome. This template is suitable for use across all Australian states and territories including New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory, and the Northern Territory.

An Employee Onboarding Checklist is a structured document used by Australian employers to ensure that all mandatory legal, administrative, and workplace tasks are completed when a new employee commences employment. It provides a systematic record that the employer has met its obligations under the Fair Work Act 2009 (Cth), the Superannuation Guarantee (Administration) Act 1992 (Cth), the Privacy Act 1988 (Cth), and applicable Work Health and Safety legislation. What Is an Employee Onboarding Checklist? An Employee Onboarding Checklist (also referred to as a new employee induction checklist, new starter checklist, or new hire onboarding form) is a comprehensive record of the steps an employer must take when a new employee joins the organisation. It covers the full onboarding lifecycle — from pre-start document collection through to first month goal-setting — and provides a written record that each mandatory task has been actioned. In Australia, onboarding involves a number of legally mandated obligations. Under s 125 of the Fair Work Act 2009 (Cth), employers must provide every new employee with a copy of the Fair Work Information Statement (FWIS) before or as soon as practicable after the employee commences employment. Casual employees must also receive the Casual Employment Information Statement (CEIS) at the same time. Under the Superannuation Guarantee (Administration) Act 1992 (Cth), employers must provide eligible employees with a Superannuation Standard Choice Form within 28 days of commencement and contribute a minimum of 11.5% of ordinary time earnings to the employee's nominated superannuation fund. Under ATO requirements, a Tax File Number (TFN) Declaration must be completed by the employee, and the employer must lodge it with the Australian Taxation Office within 14 days of receipt. Under the Work Health and Safety Act 2011 (Cth) and applicable state and territory WHS legislation, employers must ensure that workers receive adequate safety information, training and instruction before commencing work. When Is an Employee Onboarding Checklist Needed? An Employee Onboarding Checklist should be used by every Australian employer each time a new employee commences employment. It is particularly important in the following circumstances: - When the employer wants to ensure full compliance with all statutory onboarding obligations under Australian employment law, including the provision of the Fair Work Information Statement, Superannuation Standard Choice Form, and TFN Declaration; - When the HR team or hiring manager wants a systematic, documented record that all pre-start, day one, and first week tasks have been completed; - When the organisation is scaling rapidly and wants to standardise the new employee experience across different departments, managers and locations; - When the employer is subject to audit or review and needs to demonstrate that all legal onboarding obligations have been met; - When the employer wants to set clear performance expectations for the new employee from day one, including first month goals and a scheduled check-in date. Using a structured onboarding checklist reduces the risk of compliance failures, improves the new employee experience, and creates a contemporaneous record that can be retained on the employee's personnel file. Key Elements of an Australian Employee Onboarding Checklist A complete and compliant Australian Employee Onboarding Checklist should include the following elements: 1. Employer and employee details: The full legal name of the employer, ABN, the employee's full name, job title, department, employment type, state or territory of employment, commencement date, probationary period, and reporting manager details. 2. HR and onboarding contact: Name and email of the HR contact or onboarding manager responsible for coordinating the process and answering the employee's queries. 3. Pre-start legal requirements: A checklist of mandatory pre-start documents including the TFN Declaration, Superannuation Standard Choice Form, Fair Work Information Statement, bank account details for payroll, identity verification, right to work verification, and emergency contact collection. 4. Day one and first week tasks: A record of workplace health and safety induction, IT setup, issue of keys and access cards, provision of workplace policies and employee handbook, team introduction and workplace tour, and role-specific training. 5. First month goals: Specific, measurable goals and priorities for the employee's first 30 days, together with the date of the first formal check-in meeting. 6. Superannuation and privacy notices: A written record of the employer's superannuation obligations at 11.5% and a notice of how personal information collected during onboarding will be handled under the Privacy Act 1988 (Cth). 7. Manager and employee sign-off: Signatures by the onboarding manager, reporting manager, and the employee acknowledging receipt of documents and completion of tasks. This template is suitable for use across all Australian states and territories including New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory, and the Northern Territory.

An Australian Termination Letter is a formal written notice issued by an employer to inform an employee that their employment is being terminated. Under the Fair Work Act 2009 (Cth), employers must provide written notice of termination, comply with minimum notice period requirements, pay all outstanding entitlements, and observe procedural fairness to avoid unfair dismissal liability. This document is drafted in accordance with the National Employment Standards (NES) under Part 2-2 of the Fair Work Act 2009 (Cth) and the Superannuation Guarantee (Administration) Act 1992 (Cth). What is an Australian Termination Letter? A Termination Letter (also called a notice of termination of employment, a dismissal letter, or a separation notice) is a written document that formally ends the employment relationship. It is required under the Fair Work Act 2009 (Cth) s 117, which provides that an employer must not terminate an employee's employment unless the employer has given the employee written notice of the day of termination, or has paid the employee in lieu of the notice period. For employees who have completed a minimum employment period (generally six months, or one year for small business employers with fewer than 15 employees under s 383), failure to follow the correct dismissal process can lead to an unfair dismissal application to the Fair Work Commission. When is a Termination Letter Required? An Australian Termination Letter is required in the following situations: when an employer terminates an employee for cause (misconduct or unsatisfactory performance), when an employer terminates employment without cause (no-fault termination), at the end of a probationary period, where a position is being eliminated but the termination does not constitute a genuine redundancy under s 389, and in any other situation where the employment relationship is ended by the employer's initiative. For genuine redundancies, a Redundancy Letter should be used instead. Where serious misconduct justifies summary dismissal (under the Fair Work Regulations 2009 reg 1.07), no notice period is required, but a written record of the dismissal is still strongly recommended. Key Elements of an Australian Termination Letter A compliant Australian Termination Letter should include the following elements: 1. Employer and employee identification: Full legal names, entity type (e.g. Pty Ltd), job titles, department, and commencement date. 2. Type of termination: Whether the termination is for cause (misconduct or performance), serious misconduct (summary dismissal), no-fault, or end of probation. 3. Reason for termination: A clear factual explanation of the reason for termination. The Fair Work Act 2009 (Cth) s 387(a) requires that, to avoid an unfair dismissal finding, the reason for dismissal must be sound, defensible, and well-founded. 4. Notice period: The applicable notice period under the Fair Work Act 2009 (Cth) s 117, calculated on the basis of continuous service. A five-week minimum applies to employees aged 45 or over with at least two years of continuous service. 5. Notice arrangement: Whether the employee will work out the notice period or receive a payment in lieu of notice (PILON). 6. Final pay entitlements: Wages to the termination date, accrued but unused annual leave (which must be paid out on termination under the NES), any applicable long service leave, and payment in lieu of notice. 7. Superannuation: Superannuation contributions at the applicable Superannuation Guarantee rate under the Superannuation Guarantee (Administration) Act 1992 (Cth) must be paid on all ordinary time earnings in the final pay period. 8. Redundancy pay (where applicable): Employees with at least one year of continuous service who are made genuinely redundant are entitled to redundancy pay under the Fair Work Act 2009 (Cth) s 119. 9. Return of company property: A list of company property the employee must return, with a deadline. 10. Continuing obligations: A reminder that post-employment confidentiality, non-disclosure, and restraint of trade obligations continue to apply. 11. Fair Work rights: Information about the employee's right to lodge an unfair dismissal or general protections application within 21 days of the dismissal taking effect. This template is suitable for use across all Australian states and territories — New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory, and the Northern Territory — for employers in the national workplace relations system.