The Varied Australian National University Enterprise Agreement 2005 - 2009

Part Two – Appointments

28.   Probation

Probation - 28-28.7

Probation Procedures- 28.8-28.12

Where performance standards have been met- 28.13-28.14

Where performance standards have not been met (other than continuing academic appointments)-28.15-30

28.1. The purpose of probation is to provide a period at the commencement of employment in which a probationary staff member’s suitability to the position, to the University and to the particular workplace can be assessed. During a probation period, the University will offer appropriate support, development opportunities and feedback to assist the probationer to achieve confirmation of employment.

28.2. A staff member, other than a casual, may be required to serve a probation period. Any second or subsequent fixed term offer of employment for the same position will not contain a probation period. Where a probationary period applies, his or her employment agreement will specify the period and conditions of the probation.

28.3. Confirmation of employment may be approved at any time including where a staff member is promoted (academic staff) or reclassified (general staff) to a higher level.

28.4. Except in a case of serious misconduct, a probationer whose employment is annulled will be given notice in accordance with clause 74 (General notice periods).
Probation periods

28.5. The length of the probation period will be reasonable, having regard to the nature and circumstances of the offer of employment and will not exceed the following:

28.6. The University has and applies a policy on probation, which provides for regular meetings between the supervisor and a probationer, appropriate documentation and the opportunity for feedback and assessment, along with procedures for assisting the probationer to successfully complete the probationary period.

28.7. A staff member will be advised at least 10 days prior to the end of the probation period of confirmation or annulment of the employment, or extension of the probation.

Probation procedures

28.8.  A copy of the staff member's position description and the University's Code of Conduct will be provided to the probationer upon his or her commencement.

28.9.  Within one month of the probationer's commencement with the University, the supervisor will conduct an initial probation meeting. During this probation meeting the supervisor will confirm the specific performance standards for the probationary period. The performance standards will relate to the duties and\or level of the position as well as the expectations for conduct and suitability to the workplace.

28.10.  During the probation period the supervisor will conduct further probation meetings with the probationer, as required.

28.11.  During a probation meeting, the supervisor will assess the probationer's performance, conduct and general suitability to the workplace and position against the performance standards. Where the probationer's performance is considered to be less than satisfactory, the supervisor and probationer will agree a reasonable plan to assist the probationer to achieve the performance standards within the remaining probationary period.

28.12.  Following a probation meeting the supervisor will provide the probationer with a written report outlining the outcomes of the meeting.

Where performance standards have been met

28.13. Where the supervisor assesses that the probationer's performance, conduct and suitability are satisfactory, the supervisor will either:

• advise the probationer that the probation period be continued until the next probation meeting within the initial probation period, provided that the next probation meeting is not less than 2 weeks prior to the end of the probation period; or
• recommend to the delegate that the probationary period is completed.

28.14.  If the supervisor recommends confirmation the delegate may:

• seek further supporting information prior to making a decision; or
• confirm the appointment.

Where performance standards have not been met (other than continuing academic appointments)

28.15.  Where, at any stage of the probation period, the supervisor assesses that the probationer's performance, conduct and\or suitability does not meet the performance standards, the supervisor will advise the probationer:

(a) that the performance standards have not been met and outline the deficiencies;
(b) that the probationer's performance, conduct and suitability will be closely monitored during a "review period" and outline the timeframe for the review period;
(c) of the expectations for improving in accordance with the performance standards; and
(d) that if the performance standards are not met the probationer's employment may be terminated (annulled).

28.16.  If, following the review period as outlined in clause 28.15(b) above, the supervisor assesses that the probationer's performance, conduct or suitability remains unsatisfactory, the supervisor must, at least 10 working days prior to the end of the probationary period, recommend to the delegate that either:

(a) the employment be terminated (annulled); or
(b) the probation period be extended provided that:

i. the probation period may be extended in accordance for a period up to the maximum period allowed (clause 28.5); and
ii. the extension is applied to give the probationer additional opportunity to meet the performance standards.

28.17.  The probationer will be given an opportunity to respond to the supervisor's recommendation.

28.18.  Following consideration of the supervisor's recommendation and any response given by the probationer, the delegate (or Dean or Director where the supervisor is the delegate) may recommend to the Director - Human Resources that the employment be terminated.

28.19.  The Director - Human Resources will either:

(a) annul the employment; or
(b) direct that the probation period continue, provided that the total period of probation does not exceed the maximum period specified.
Probation procedures where performance standards have not been met - continuing academic employment

Probation procedures where performance standards have been met and outline deficiencies 

28.20.  Where, at any stage of the probation period, the supervisor assesses that the probationer's performance, conduct and\or suitability does not meet the performance standards, the supervisor will advise the probationer:

• that the performance standards have not been met and outline the deficiencies;
• that the probationer's performance, conduct and suitability will be closely monitored during a "review period" and outline the timeframe for the review period;
• of the expectations for improving in accordance with the performance standards; and
• that if the performance standards are not met the probationer's employment may be terminated (annulled).

28.21. The supervisor will also:

(a) where the probationer is eligible for incremental progression, recommend whether the increment be withheld; and
(b) recommend that either:

i. the employment be terminated (annulled); or
ii. the probation period be extended provided that the extension is applied to give the probationer additional opportunity to meet the probationary criteria and provided that the total period of probation does not exceed the maximum period specified.

28.22. The probationer will have an opportunity to respond to the supervisor's recommendation.

28.23. Following consideration of the supervisor's recommendation and any response given by the probationer the delegate will:

(a) where the supervisor has recommended the withholding of an incremental salary progression, decide whether or not to withhold the increment; and either to:

i. extend the probation period, provided that the total period of probation does not exceed the maximum period specified; or
ii. refer the recommendation to a Probation Committee for consideration.
or

(b) If the delegate decides to extend the probation period, the probationer and the supervisor must agree a reasonable plan to assist the probationer to achieve the performance standards within the remaining probationary period, and the dates of review prior to the end of the probationary period.

28.24. If the delegate decides to refer the recommendation to a Probation Committee, the matter will be referred to a Probation Committee within 5 working days.

28.25. The Probation Committee will be convened by the Delegate and comprise:

• a nominee of the probationer's Dean or Director (chair);
• a member of the probationer's work area*;
• a staff member holding continuing employment from a cognate discipline, outside the work area*; and
• such additional members as the Dean or Director may determine*.
 * normally a staff member with continuing employment at the same level or a higher level than the probationer.

28.26. The Probation Committee will consider any relevant documentation and must report in writing to the Delegate recommending that:

(a) the employment be terminated (annulled); or
(b) the probationary period cease; or
(c) where extension is an option, the probation period be extended provided that the extension is applied to give the probationer additional opportunity to meet the probationary criteria and provided that the total period of probation does not exceed the maximum period specified (clause 28.5).

28.27. Where the Probation Committee recommends extension of the probation period, the probationer will be advised, in writing, where their performance requires improvement and, where the probationer is eligible for incremental progression, that an increment will be withheld until performance is assessed as being satisfactory.

28.28. During the extended probation period the Supervisor will regularly review the probationer's performance and conduct against the standards set out in the advice to the probationer.

28.29. No later than 10 working days prior to the end of the extended probation period the probationer's supervisor will undertake a final assessment of the probationer's performance and conduct, having regard to the performance standards, and either:

(a) advise the chair of the Probation Committee that the required performance improvement has occurred and recommend cessation of the probation period, and if the probationer is eligible for incremental progression, recommend that an increment will be awarded (in which case such increment will apply from the date upon which the supervisor advises the probationer that the required performance improvement has occurred); or
(b) advise the chair of the Probation Committee that the required performance improvement has not occurred and recommend termination of employment. Following receipt of such advice, the chair of the Probation Committee will recommend to the Delegate that the employment be terminated (annulled).

28.30. Where the Delegate supports the recommendation for the employment to be terminated, the documentation will be forwarded to the Director - Human Resources to determine whether the employment be terminated.

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