Flexible Working Request (Australia)

Create a legally compliant Full-Time Employment Agreement for Australia. Drafted in accordance with the Fair Work Act 2009 (Cth), the National Employment Standards (NES), and Superannuation Guarantee requirements. Covers position, duties, salary, superannuation at 11.5%, 38-hour week, annual leave (4 weeks), personal/carer's leave (10 days), long service leave, notice periods, probation, confidentiality, and intellectual property assignment.

Create a legally compliant Part-Time Employment Agreement for Australia under the Fair Work Act 2009 (Cth). Specifies guaranteed minimum hours, regular pattern of work, pro-rata NES entitlements (annual leave, personal leave, compassionate leave, parental leave, long service leave), 11.5% superannuation, and Modern Award compliance. Suitable for all industries including retail, hospitality, healthcare, and professional services.

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 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 Australian Redundancy Letter is a formal written document issued by an employer to notify an employee that their position has been genuinely made redundant and that their employment will end as a result. Under the Fair Work Act 2009 (Cth), a genuine redundancy is defined in s 389 and gives employees significant statutory entitlements, including redundancy pay under ss 119–123 and notice of termination under s 117. This template is designed to comply with Australian law and assist employers in managing the redundancy process fairly and transparently. What is a Genuine Redundancy Under Australian Law? Under the Fair Work Act 2009 (Cth) s 389, a redundancy is genuine if three conditions are satisfied: first, the employee's job is no longer required to be performed by anyone because of changes in the operational requirements of the employer's enterprise; second, the employer has complied with any obligation in an applicable Modern Award or enterprise agreement to consult about the redundancy; and third, it would not have been reasonable in all the circumstances for the employee to be redeployed within the employer's enterprise or an associated entity. If all three conditions are met, the employee cannot make a successful unfair dismissal claim based on the redundancy, although general protections claims under Part 3-1 of the Fair Work Act 2009 (Cth) may still be available if the redundancy involved adverse action for a prohibited reason. When is a Redundancy Letter Needed? A Redundancy Letter is needed whenever an Australian employer is eliminating a position due to genuine operational changes — such as business restructures, workforce reductions, automation, changes in customer demand, or the closure of part or all of the business. It is distinct from a Termination Letter (which is used for dismissals for cause or no-fault terminations) and should be used specifically where the redundancy pay entitlements under ss 119–123 of the Fair Work Act 2009 (Cth) apply. Key Elements of an Australian Redundancy Letter A compliant Australian Redundancy Letter should include the following key elements: 1. Employer and employee identification: Full legal names, entity type, job title, and commencement date. 2. Reason for redundancy: A genuine and specific business reason for the redundancy that satisfies the definition in s 389(1)(a) of the Fair Work Act 2009 (Cth). 3. Consultation process: A summary of the consultation undertaken with the employee, including dates of meetings, information provided, and the employee's opportunity to suggest alternatives. Compliance with consultation obligations in applicable Modern Awards or enterprise agreements is required under s 389(1)(b). 4. Selection for redundancy: Where more than one employee could be affected, a description of the selection pool and the objective, non-discriminatory criteria used for selection. 5. Redeployment assessment: Confirmation that the employer has genuinely considered redeployment options within the employer's enterprise or associated entities, as required by s 389(2) of the Fair Work Act 2009 (Cth). 6. Notice period: The applicable notice period under the Fair Work Act 2009 (Cth) s 117 based on the employee's years of continuous service, or the contractual notice period if greater. 7. Statutory redundancy pay: The redundancy pay entitlement calculated under ss 119–123 of the Fair Work Act 2009 (Cth) based on years of continuous service. Note that small business employers (fewer than 15 employees) are exempt from redundancy pay under s 121. 8. Enhanced redundancy pay (if applicable): Details of any enhanced payment above the statutory minimum, including the basis for it. 9. Accrued annual leave: All accrued but unused annual leave must be paid out on termination as a National Employment Standard under the Fair Work Act 2009 (Cth). 10. 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. 11. Right of appeal (optional): An offer of an internal appeal process, which while not required by law is considered best practice. Tax Treatment of Redundancy Payments in Australia Genuine redundancy payments receive favourable tax treatment under the Income Tax Assessment Act 1997 (Cth) s 83-170. A tax-free component exists up to a limit calculated as $12,524 plus $6,264 for each complete year of service (2024–25 amounts — indexed annually). Amounts above this limit are taxed as employment termination payments. Employees should be encouraged to seek advice from a registered tax agent or the Australian Taxation Office. 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.