PROBATION

OFFICIAL

Contents

Authority and Application ........................................................................................................................ 1

Overview ................................................................................................................................................. 1

Relevant provisions of the VPS Agreement ............................................................................................ 1

Supplementary Guidance Information .................................................................................................... 2

1. Monitoring and assessing performance during probationary period ........................................... 2

2. Failure to provide written notification at the conclusion of the Probationary Period ................... 2

3. Cessation of employment ............................................................................................................ 2

4. Movement between departments or agencies covered by the Agreement ................................ 2

Making decisions under this policy ...................................................................................................... 3

Dispute resolution ................................................................................................................................ 3

Further Information .................................................................................................................................. 3

Related policies or documents ................................................................................................................ 3

Authority and Application

Clause 18.3 of the Victorian Public Service Enterprise Agreement 2020 (the Agreement), applies to

Victorian Public Service Departments and Agencies (Employers) and their Employees (other than

casual Employees) covered by the Agreement.

Overview

Clause 18.3 sets out the probationary period and the process for managing Victorian Public Service

Employees (other than casual Employees) during their probationary period. An employee new to the

VPS will commence employment on a probationary basis for a period of six months. This period

cannot be extended.

Relevant provisions of the VPS Agreement

Clause 18.3 Probationary Period – New Employee

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Supplementary Guidance Information

1. Monitoring and assessing performance during probationary period

1.1. Clause 24 (Management of Unsatisfactory Work Performance) of the Agreement does not

apply to an Employee during the Probationary Period. However, an Employer is still required

to implement a process to assess the Employee’s performance during the probationary

period.

1.2. During the Probationary Period, Employers should closely monitor the Employee’s conduct

and performance and provide regular opportunities for feedback during an Employee’s

probationary period. An Employer should meet regularly with a new Employee and provide

them with specific feedback, and where required, highlight areas requiring improvement and

provide support to address any performance concerns. It is recommended that probation

meetings are organised and set up in the Managers and Employee’s diaries within the first

two weeks of commencement.

1.3. Where conduct or performance issues are identified during the Probationary Period the

Employer will counsel the Employee and provide a written record of such counselling to the

Employee in accordance with clause 18.3(d) of the Agreement.

1.4. Managers should discuss and seek assistance from their Human Resources area or

equivalent once performance or conduct issues arise.

2. Failure to provide written notification at the conclusion of the Probationary Period

2.1. If the Employer fails to notify an Employee that their employment is to be confirmed in

accordance with clause 18.3(e) of the Agreement, then by default, the Employee’s

employment is confirmed.

3. Cessation of employment

3.1. When terminating the employment of a probationary Employee, the termination date, the last

date of employment and the whole of the period of the notice must fall within the

Probationary Period. A decision to terminate must be limited to performance or misconduct

reasons.

3.2. Where an Employer wishes to terminate a probationary Employee’s employment for

performance or conduct related reasons within the final two weeks of the Probationary

Period, this can only be done by payment in lieu of notice so that employment does not

extend beyond the Probationary Period.

3.3. An Employee’s employment can be terminated for misconduct matters without notice at any

time during the Probationary Period. Clause 25 (Management of Misconduct) of the

Agreement does not apply during the Probationary Period, however a process is required

that provides the Employee with the misconduct claim/s and an opportunity to respond.

3.4. Where issues of performance or conduct are identified it is important that departmental

People and Culture or human resource employees are notified to ensure the cessation of

employment follows the appropriate process.

4. Movement between departments or agencies covered by the Agreement

4.1. Consistent with clauses 18.3(a) and (b) of the Agreement, an Employee who has six months

or more continuous service with the Victorian Public Service (VPS) is not required to

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complete a Probationary Period when they move to another Department or Agency covered

by the Agreement, provided there is no break in service.

4.2. An Employee who breaks continuity of service by ceasing employment within the VPS and

who is subsequently employed at a future date by an Employer covered by the Agreement,

will be required to complete a Probationary Period on being re-employed in the VPS. The

Probationary Period is six months and cannot be extended.

4.3. Where an Employee moves to another Employer covered by the Agreement during their first

six months continuous employment in the VPS, the Probationary Period with the new

Department or Agency is reduced by the period of continuous employment in the first

employing Department or Agency. In such circumstances, the assessment of whether an

Employee should have their employment confirmed at the conclusion of their Probationary

Period should take into account all of the roles performed during the probationary period to

ensure the review is meaningful. This process may require input and involvement from

multiple managers.

Making decisions under this policy

Under section 20(1) of the Public Administration Act 2004, the public service body head has all the

rights, powers, authorities and duties of an Employer, which will usually be delegated to staff within

their Department or Agency. Employers should ensure that any actions under this policy are only

taken by an Employee with the delegation to do so. Each Department and Agency should give effect

to this policy in accordance with its own delegations.

Dispute resolution

An Employee who is directly affected by a decision made or action taken by the Employer may apply

for a review of actions under the Employer’s review of actions policy or seek to resolve a dispute

through the Resolution of Disputes procedure at clause 13 of the Agreement. However, this review

right does not extend to termination of employment.

Further Information

Employees should refer to their Department or Agency’s intranet for information on procedural

requirements, systems and approval delegations.

For further information and advice please contact your local Human Resources or People and Culture

Unit (or equivalent).