Short answer: you can write it into the contract, but it does not do what most owners think it does. Probation is not a legal concept under the Fair Work Act. The thing that actually matters is the minimum employment period, and for casuals it works a bit differently.
What probation actually is
Probation is just a period you and the employee agree on, usually three or six months, where you both check the fit. It sets expectations. It does not, on its own, give you the right to end someone’s employment without consequences.
What the law looks at instead
The Fair Work Act gives employees protection from unfair dismissal once they pass the minimum employment period. That is 6 months for most employers, and 12 months if you are a small business employer with fewer than 15 employees. Regular and systematic casuals count toward your headcount.
A casual only builds up service toward that period if they have been working regularly and systematically and had a reasonable expectation of ongoing work. A casual who fills in now and then does not.
So do casuals need probation?
Not really. You do not have to give a casual notice to end their employment, and a true casual has no guaranteed hours in the first place. What you should do is be clear from day one about what the role is, how shifts are offered, and what good looks like. Put it in the casual contract and the onboarding conversation.
Two traps to avoid
First, do not treat “on probation” as a free pass. Ending someone’s employment for a discriminatory reason, or because they asked about their pay, is unlawful from day one, casual or not. Second, if your casual has been working a regular pattern for six months (twelve for small business), they can ask to become permanent, and you need a proper reason to say no.
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This is general guidance for Australian employers, not advice on your specific situation. Awards, agreements and contracts can change the answer. When in doubt, ask.
Quick answer
Can I put a casual employee on probation?
You can write it into the contract, but probation isn’t a legal concept in Australia. What protects you is the minimum employment period: 6 months for most employers, 12 months if you have fewer than 15 employees. Casuals don’t need notice to end their employment, but discrimination and general protections apply from day one.
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