Trial Periods

25 August 2015

The Act has clarified a grey area concerning the lawfulness of trial periods for employees bound by a collective agreement.

The amended s.67A(5) in essence provides that a trial period may be included as an additional term of employment for an employee bound by a collective agreement, provided that term is not inconsistent with the applicable collective agreement.

Therefore unless the collective agreement makes express provision for trial periods, a new employee who is a union member and covered by the collective may not be subject to a trial period.