(1) A probationary period is established to identify and support an appropriate match between the person, the position and the work environment.  Successful probation requires both the staff member and the nominated supervisor over the established period of time to be satisfied with the match of the staff member’s qualifications, skills, abilities and development and the needs of the position. 

(2) The ACU Staff Enterprise Agreement 2022-2025 sets out arrangements which apply to the probation process and these are supplemented by this Policy.

(3) This Policy sets out the process and procedures which apply to probation for Academic Staff appointed on a continuing basis. The Policy also outlines the role and responsibilities of each of the following in the process and procedures:

• Academic Staff appointed to a continuing position with a probationary period;
• Nominated Supervisors;
• National Heads of School (or equivalent) (refer to definition in section 3);
• Executive Deans (or equivalent) (refer to definition in section 3); and
• relevant members of the Senior Executive.

(4) The probation process is conducted in conjunction with the Progress Plan for Academic Staff Policy.

Section 2 - Application of Policy

(5) This policy applies to all Academic Staff employed at ACU who are appointed to a continuing position and are required to serve a probationary period. 

Section 3 - Definitions

(6) The following terms have specific meanings in this Policy:

1. The “Agreement” refers to the ACU Staff Enterprise Agreement 2022-2025.
2. “Chief People Officer” refers to the person appointed to the position of Chief People Officer or a nominee of that person.
3. “Executive Dean (or equivalent)” refers to the person appointed to the position of Executive Dean of a Faculty or the equivalent member of the Executive for non-Faculty units. 
4. “National Head of School (or equivalent)” refers to the person appointed to the position of National Head of School or an equivalent line management position(s) within a Faculty or non-Faculty unit.

Section 4 - Policy Statement

(7) An Academic Staff member, other than a casual staff member, may be required to satisfactorily complete a specified, reasonable period of probationary employment that is directly related to the nature of the work to be performed.  The requirement to complete a probationary period will normally be a condition within an offer of continuing and fixed-term employment.

(8) An Academic Staff member cannot normally be required to serve more than one period of probation. However, an Academic Staff member who has successfully completed the probationary requirements of a fixed-term appointment and who is subsequently offered a continuing academic appointment, may be required to serve a further period of up to eighteen (18) months’ probation.  The additional probationary requirements for this continuing appointment will be set out in the University’s letter of offer, in accordance with this Policy.

(9) The terms of an Academic Staff member’s probation will be advised in writing to the Academic staff member in advance of the commencement of employment via the letter of offer of employment.  The terms will include the period of probation and the probation criteria which must be achieved during probation.  The maximum period of probation for staff appointed on a continuing basis is three (3) years.

(10) The performance of an Academic Staff member, including in relation to the achievement of probation criteria, will be monitored and managed during the probation period as part of the Progress Plan for Academic Staff process. Formal Probationary Reviews will be conducted as an extension of the Progress Plan feedback and development conversations. An Academic Staff member with a three (3) year probation period will normally have their performance reviewed on an annual basis with a final review concluding normally no later than three (3) months prior to the anticipated date of confirmation.

(11) The potential outcomes during probation are normally as follows:

• early confirmation as an outcome of a Formal Probation Review process;
• confirmation (at the end of the period of probation), as an outcome of the Final Probation Review process; or
• non-confirmation of appointment and separation from employment at any time during the probation period; normally following formal and informal development conversations and/or a Formal Probation Review process. This outcome would apply if the Academic Staff member does not meet the terms of their probation and/or their performance is unsatisfactory. 

(12) For the purposes of this Policy, unsatisfactory performance includes behaviour of a kind described in Regulation 1.07 of the Fair Work Act Regulations (refer to Attachment 4).  

Section 5 - Approvals

(13) All approvals of decisions made must be in accordance with the relevant University Delegations of Authority Policy and Register. 

Section 6 - Procedures

6.1     Probation Criteria

(14) Probation criteria set out the expectations that the Academic Staff member will need to meet in order to achieve confirmation of their continuing appointment. Probation criteria will include essential and specific probation criteria. 

(15) The probation criteria for continuing academic positions will normally be determined as part of the recruitment and selection process and advised to People and Capability via the relevant Appointment form in Staff Connect.

6.2      Probation Period

(16) The period of probation of an Academic Staff member will be determined as part of the selection process based on the following options:

• the maximum probationary period which is:
  • three (3) years. This is the normal expectation.
  • eighteen (18) months for a staff member who has previously been employed on a fixed-term basis.

• a shorter period of probation.  For example, to recognise the qualifications and significant experience of the Academic Staff member verified through comprehensive referee checks.

• the waiver of probation.  For example, if a probation period (or significant portion of a probation period) has already been served and/or in recognition of and as an attraction strategy for a candidate of high standing and reputation verified through comprehensive referee checks.

(17) The recommended probation period will be confirmed in the relevant Appointment form in Staff Connect.

6.3    Changing probation terms during the period of probation

(18) The approved probation criteria and period will be included in the letter of offer of employment to the Academic Staff member.  Once the letter of offer containing the terms of probation is accepted by the Academic Staff member, it cannot be changed except through mutual agreement between the University and the staff member to a variation to the letter of offer.

(19) A change to an Academic Staff member’s specific probation criteria may be appropriate following:

• a change to the staff member’s Academic Career Pathway,
• an increase or reduction in the staff member’s employment fraction, and/or
• another change to the employment arrangement. 

(20) A period of leave, including parental leave and/or leave without pay, does not vary the probationary period specified in the letter of offer. 

(21) However, an increase to the period of probation could occur:

• if less than the maximum period of probation applies; and
• there are extenuating circumstances; and
• there is mutual agreement between the University and the Academic Staff member to a variation to the letter of offer. 

(22) The following process will apply to changing the terms (criteria and/or period) of probation:

• The relevant section(s) of the ‘Academic Staff Probation Period and Criteria Form’ will be completed and signed by the nominated supervisor, National Head of School (or equivalent) and Executive Dean (or equivalent).  The relevant member of the Senior Executive may approve an increase to the period of probation in accordance with this Policy;
• the Form will be lodged with People and Capability and a variation to the letter of offer will be generated;
• the Academic Staff member will be invited to accept the variation to the letter of offer and the revised terms take effect where there is formal acceptance.

(23) This process does not apply to the reduction of a period of probation which occurs as a result of:

• approval of early confirmation in accordance with this Policy;
• a successful application for promotion to a higher academic level under the University’s Academic Staff Promotion Policies (in this case, the probationary conditions and expectations will be deemed to have been met and the Academic Staff member will be granted continuing employment automatically);
• successful application for appointment to a higher level academic position through a recruitment and selection process (in this case, the period of probation will be determined as part of the selection process for the position. Probation may continue and apply for a combined total period of up to three (3) years or may be waived subject to approval by the appropriate delegate); or 
• termination of employment.

6.4  Probation Feedback and Reviews – Progress Plan and Formal Probation Reviews

(24) During the period of probation, the Academic Staff member will participate in the ongoing Progress Plan for Academic Staff process.  

(25) Formal Probation Reviews will be conducted as an extension of the ongoing feedback and development conversations associated with the Progress Plan with performance reviewed on an annual basis and a Final Probation Review concluded normally no later than three (3) months prior to the anticipated date of confirmation.

6.4.1   Progress Plan process during Probation

Initiating Progress Plan discussions

(26) The Progress Plan is continuous for the duration of employment. It commences at the time of appointment with the University.   

(27) Following commencement, Progress Plans conversations will begin between the Academic Staff member and nominated supervisor to:

• clarify the duties of the position, academic level and Academic Career Pathway (and the associated workload allocation);
• set expectations aligned with the essential and specific probation criteria specified in the offer of employment;
• discuss the evidence that will need to be provided for the purposes of assessment of progress towards or achievement of probation criteria;
• provide information about the Progress Plan feedback conversations and Formal Probation Review processes; and

• identify support, professional development and any other needs to assist the staff member achieve confirmation of their appointment.

Ongoing Progress Plan feedback and development conversations

(29) In accordance with the Progress Plan for Academic Staff Policy, regular formal or informal conversations should occur between the nominated supervisor and the Academic Staff member. During these conversations any probation related concerns should be raised, discussed and documented.

(30) Feedback and development conversations could consider:

• the activities undertaken by the Academic Staff member towards meeting their probationary criteria;
• feedback to the Academic Staff member on their progress toward meeting their probationary criteria;
• professional development activities undertaken;
• any opportunities for improvement in their progress and suggestions for improvement (including appropriate professional development, counselling and/or appropriate work allocation), and the timeframe for expected performance improvement; and
•  information (evidence) gathered by the Academic Staff member and nominated supervisor from peers, students and other sources.