What the words mean
The terms you have to already know to read WorkOnRecord, and the ones that are easy to mix up. Each one says where it comes from, so you can check it.
- #Probationprobationary period · still on probation
Not a legal term. The Fair Work Act does not mention probation, and being “on probation” does not remove your rights. What actually decides whether you can bring an unfair dismissal claim is the minimum employment period - six months, or twelve at a small business. An employer can call the first months whatever they like; it changes nothing the Act gives you.
- #Minimum employment periodqualifying period
How long you must have worked somewhere before you can claim unfair dismissal. This is the rule people are reaching for when they say “probation”.
have worked for that employer for at least 6 months, or 12 months if you worked for a small business
- #21 dayslodgement deadline · out of time
The deadline for an unfair dismissal or general protections dismissal application, counted from when the dismissal took effect rather than from when you were told. It is short, and missing it usually ends the claim regardless of its merits. Nothing else on this site can cost you as much as fast.
We must receive applications about unfair dismissal or general protections dismissal within 21 days after the dismissal took effect.
- #Three warningsthree strikes · written warning
Folklore, not law. No provision of the Fair Work Act requires a set number of warnings before a dismissal. What matters is whether the dismissal was harsh, unjust or unreasonable, and whether the person was told what the problem was and given a chance to respond. There is no quote here because there is nothing to quote - that is the point.
- #Casual employeecasual · casual loading
Not a worker without rights. Casuals have most of the National Employment Standards and are paid a loading in place of paid leave. Whether someone is genuinely casual turns on what was agreed at the start, not on what the job is called.
A person is a casual employee if, when they start employment:
- #Modern awardthe award · award coverage
The industry or occupation rulebook sitting on top of the National Employment Standards, setting minimum pay and conditions for the work you do. “The award says” is the most-cited and least-checked phrase in this subject - which award covers you decides the answer.
An award (modern award) is a legal document that outlines minimum pay rates and conditions of employment.
- #Long service leaveLSL
The main entitlement on this site that is NOT federal. It comes from your state or territory’s own law, so the qualifying period and the rules differ depending on where you work - and a federal answer read off a national page can be the wrong answer for you.
Most employees’ entitlement to long service leave comes from long service leave laws in each state or territory.
- #National minimum wage
The floor for employees not covered by an award or agreement. If an award covers you, its rate applies instead and is usually higher. A dated figure, not a permanent one - it is reviewed every year and changes on 1 July.
As of 1 July 2026, the National Minimum Wage is $26.44 per hour or $1004.90 per week.
- #Unpaid work trialtrial shift
Allowed only for as long as it takes to demonstrate the skills for the job, and only under supervision. Beyond that, the work has to be paid - a week of “trial” shifts is work.
An unpaid work trial is a demonstration by someone working under supervision to show they have the skills for the job.
- #Pay slippayslip
Not optional and not on request. Your employer must give you one within a working day of pay day, and if they cannot produce records they may have to disprove an underpayment claim in court rather than be believed by default.
Pay slips have to be given to an employee within 1 working day of pay day, even if an employee is on leave.
- #Annual leaveholiday pay
Four weeks a year for full-time and part-time employees, accruing progressively rather than arriving in a block, and paid out if you leave. Shiftworkers may get a fifth week under their award or agreement.
Full-time and part-time employees get 4 weeks of annual leave, based on their ordinary hours of work.
- #Small claims
The cheaper court route for recovering money you are owed, for claims up to $100,000. It is the answer to “I am owed wages but cannot afford a lawyer”, and most people never learn it exists.
If you’re thinking about taking your own legal action and your claim is for an amount of $100,000 or less, find out more at Small claims court
The wording above the quote is ours, written to be read quickly. The quote is the source’s own, unedited. Where the two could be read differently, the source is the one that counts - and how the rest of this site is built explains why it is kept that way round.