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Tips on conducting probationary reviews from ELAA

Freya Lucas

Feb 20, 2025

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The Early Learning Association Australia (ELAA) has issued some advice on conducting probationary period reviews under the Victorian Early Childhood Teachers and Educators Agreement (VECTEA).

While issued in the context of VECTEA, the advice may be suitable for other employers conducting probationary period reviews also.

Under the Victorian Early Childhood Teachers and Educators Agreement (VECTEA) 2020 Clause 16, all new employees begin their employment with a probationary period of 12 weeks of term time.

While on probation, employees continue to receive the same entitlements as those who are not in a probation period. This includes entitlements under the National Employment Standards (NES).

If hired on a full-time or part-time basis, employees on probation are entitled to accrue and access their paid leave entitlements, such as annual leave and sick leave.

As best practice, employers should conduct a series of check-ins throughout the probation period to review the employee’s progress. Effective probation check-ins are key to ensuring new employees are set up to succeed through a fair and transparent process.

Why conduct regular probation check-ins?

Regular check-ins during the probation period help:

both the employee and employer establish a positive and constructive working relationship

provide employees with guidance, expectations, and support

identify strengths and goals for professional development

ensure any performance or conduct concerns are addressed proactively

provide documented discussions should an extension of probation be required (under Clause 16.5)

provide documented discussions should the employer decide to end employment during the probation period

Employer responsibilities for probation check-ins

conduct a series of check-ins throughout the probation period to review progress, provide feedback, and address support or development needs. Ideally, check-in dates should be set in advance and occur at regular intervals prior to the end of probation

ensure that the employee is provided with adequate support to perform their role

keep a record of these meetings, particularly if concerns regarding the employee’s performance are identified and discussed

ensure that the record is signed by both the employer and employee

Recommended probation check-in structure

Weeks 2-4: initial check-in

review the employee’s understanding of their role and responsibilities

address any early challenges or training needs

provide initial feedback and clarify expectations

revisit checklists and position description

document discussions and provide a copy to the employee to sign

Weeks 6-8: midway review

assess progress against key performance indicators

discuss any conduct or performance concerns and document them

outline additional supports, such as mentoring or professional development

document discussions and provide a copy to the employee to sign

Weeks 10-11: pre-final review

provide a clear indication of whether the employee is on track to complete probation successfully

if concerns persist, discuss potential probation extension (must occur no later than one week before probation expires, per Clause 16.6)

document discussions and provide a copy to the employee to sign

Week 12: final decision

confirm employment or terminate employment, per Clause 16.4

if extending probation, ensure documentation outlines the support plan for improvement

Key considerations

probation extensions: if documented concerns exist, the probation period may be extended up to a total of six months (Clause 16.5)

disciplinary procedures: the disciplinary procedure (Clause 11) does not apply to probationary employees

written notice for termination: termination of employment should only be considered where the performance of the employee has not met the requirements of the role, despite support and feedback. In this circumstance, employers may terminate employment at any point during probation with one week’s written notice or payment in lieu (Clause 16.3)

Supporting best practices

The Employee Management & Development Resource (EM&D), developed by ELAA in partnership with the Department of Education, provides practical guidance on employee orientation and probation processes. Utilising this resource and the provided templates ensures consistency and fairness in managing new employees.

Templates available in this resource include:

probation implementation checklist

new employee checklist

orientation checklist

probation review report

By implementing probation check-ins, employers can foster a supportive work environment while ensuring employees meet role expectations.

Access this information in its original format here.

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