An employee started employment with our business on 1 June 2019. When does the 6-month minimum employment period end?
Section 383 of the Fair Work Act 2009 (FW Act) provides that the minimum employment period is
Section 2G of the Acts Interpretation Act 1901 (Cth) provides that a “month” in any Act means a calendar month. A calendar month begins on a date and finishes immediately before the corresponding date in the next month.
For an employee who commences employment with an employer on 1 June 2019, their minimum employment period will end on 30 November 2019.
If there is no corresponding date, then it finishes at the end of the next month.
For example, a 6-month period starting on 31 August 2019 will end on 29 February 2020, because February is the calendar month coming sixth after August and does not have 31 days.
An employee will have access to unfair dismissal if they have completed the minimum employment period under the FW Act.
For further advice about minimum employment periods or any employee matter, Ai Group members are encouraged to contact us or call the Workplace Advice Line on 1300 55 66 77.
