AUFAIR WORK OMBUDSMANEmployment Templates

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Form managing underperformance formal steps checklist: Managing underperformance formal steps checklist

The Managing underperformance formal steps checklist is a one‑page tool from the Fair Work Ombudsman. Use it when an employee’s performance has not improved after the initial informal steps and you need to move to formal action.

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Form Overview

Fair Work Ombudsman Form managing underperformance formal steps checklist - Managing underperformance formal steps checklist

The Managing underperformance formal steps checklist is a one‑page tool from the Fair Work Ombudsman. Use it when an employee’s performance has not improved after the initial informal steps and you need to move to formal action.

It captures the meeting agenda, examples of underperformance, steps already taken, support offered, any warnings issued, and the agreed improvement timeline.

Risk Radar

Scan points
  • 1Often missed: allowing the employee to bring a support person.
  • 2Forgetting to let the employee bring a support person
  • 3Not documenting the meeting in writing
  • 4Skipping the reasonable improvement period
  • 5Failing to keep signed copies of notes and warnings

Plain English

This checklist helps you plan a formal meeting, record what you discuss, and track the improvement plan. It walks you through what to say, what paperwork to bring, and what to do after the meeting.

Submission Date

  • Filing date: Use it after you have tried initial informal steps and the employee’s performance is still below expectations.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

Hover a term to preview the meaning.

What this form is for

  • When you have already tried informal or initial steps and the employee’s performance is still below expectations.
  • When you need a structured guide to run a formal performance meeting and record the discussion.
  • When you plan to issue a verbal or written warning as part of the formal process.
  • When you want to ensure you capture all required documentation (performance agreement, job description, etc.) before proceeding.

Form selector

Use this form or another form?

Initial informal discussion

Sets expectations before formal action

✓ Verify you have completed informal steps

Performance improvement plan template

Issuing a written warning

Formal record required for future disciplinary action

✓ Ensure warning follows Fair Work guidelines

Written warning template

Documenting a verbal warning

Provides evidence of verbal warning

✓ Confirm meeting notes are signed by all parties

Meeting record template

Long‑term performance tracking

Used after the 6‑8 week improvement period

✓ Check that improvement targets are clearly defined

Ongoing performance review form

Deadline or filing window

The checklist does not have a filing deadline, but you must give the employee a reasonable improvement period (typically 6‑8 weeks).

Before you submit

  1. 1Arrange a private, uninterrupted meeting space.
  2. 2Notify the employee of the meeting purpose, time, location and attendees.
  3. 3Allow the employee to bring a support person of their choice.
  4. 4Prepare a meeting agenda using the underperformance meeting plan template.
  5. 5Gather the employee’s performance agreement, job description, and any evidence of underperformance.
  6. 6Document steps already taken (feedback, warnings, training).
  7. 7Decide whether a verbal or written warning will be issued and have the appropriate template ready.
  8. 8Record the meeting outcome in writing and have all parties sign and date the document.
  9. 9Provide the employee with a reasonable improvement period (typically 6‑8 weeks).
  10. 10Schedule regular check‑ins during the improvement period.

How to file this form

  1. 1Complete the checklist before the formal meeting.
  2. 2Sign and date the checklist and any attached templates.
  3. 3Give a copy of the signed documents to the employee.
  4. 4Store the original checklist, warning letter or verbal warning record in the employee’s personnel file.
  5. 5Log the meeting date, attendees and outcome in your HR system.
  6. 6Notify any relevant senior manager or HR representative that the formal step has been taken.

Known limitations

  1. 1The checklist is a guidance tool, not a legal contract.
  2. 2It does not replace the separate written warning or performance improvement plan templates.
  3. 3It assumes you have already completed the initial informal steps; it is not for first‑time issues.
  4. 4The source does not specify electronic filing options; follow your organisation’s record‑keeping policy.

Field map

Compact field-by-field guide

7 fields

Applicant

1 items

Applicant Name and Contact

Full name (and representative, if any), postal address, email, and phone number of the person or organisation lodging the application.

Requiredtext

Respondent

1 items

Respondent / Employer Details

The exact legal name and ABN of the employer or other party the application is made against.

Requiredtext

The Matter

2 items

Type of Application

Identify the kind of matter — for example, unfair dismissal, general protections, or an agreement application.

Requiredselect
Details of the Dispute

A clear description of what happened, relevant dates, and the outcome you are seeking.

Requiredtext

Dates

1 items

Key Dates

Relevant dates such as the date of dismissal or the date the issue arose — these determine whether you are within time.

Requireddate

Supporting

1 items

Attachments

Any documents that support your application, such as letters, contracts, or notices.

text

Declaration

1 items

Signature and Date

Sign and date the form. Applications may also require a fee or an application for a fee waiver.

Requiredsignature
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Current form status
FAIR_WORK_OMBUDSMAN

The Managing underperformance formal steps checklist is the latest one‑page tool published by the Fair Work Ombudsman. No recent amendment date is shown in the source.

What changed or needs a fresh check

  • Confirm you are using the latest checklist version (date not shown in source).
  • Verify that the linked templates (meeting plan, warning letters, performance improvement plan) are current on the Fair Work website.
  • Check that any internal policies referenced match your organisation’s procedures.

Quick Facts

Employers, managers or supervisors who are handling an employee’s underperformance should follow this checklist.
It captures the meeting agenda, examples of underperformance, steps already taken, support offered, any warnings issued, and the agreed improvement timeline.
Use it after you have tried initial informal steps and the employee’s performance is still below expectations.
Not confirmed in official source.
Following the checklist reduces the risk of an unfair‑dismissal claim and shows you have acted fairly and consistently.
1. Schedule a private, uninterrupted meeting and invite a senior witness. 2. Tell the employee who will attend and that they can bring a support person. 3. Prepare your talking points using the meeting plan template and gather performance documents. 4. During the meeting, explain the issue with facts, review previous steps, listen to the employee, and agree on next steps. 5. Record the outcome, issue any verbal or written warning, and send a written summary to the employee. 6. Give a 6‑8 week improvement period, check in regularly, and hold a final review meeting.

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Sources

  • SRCForm title and agency confirmed from source.
  • SRCChecklist steps before, during, and after the meeting are verbatim from source.
  • SRCReference to template links (underperformance meeting plan, warning letters, performance improvement plan) noted in source.
  • SRCImprovement period typical length (6‑8 weeks) stated in source.
  • SRCContact details (Infoline 13 13 94) appear in source.
  • SRCOnline learning course URL (www.fairwork.gov.au/learning) listed in source.
  • SRCNo version number or amendment date providednot confirmed in official source.

Common confusion points

Thinking the support person can speak on the employee’s behalf – they are only there for support.

Skipping the step of informing the employee why the meeting is being held.

Failing to gather all relevant paperwork (performance agreement, job description) before the meeting.

Not providing a written record of the meeting outcome to the employee.

Omitting the employee’s signature (or witness signatures) on the checklist.

Assuming a verbal warning does not need to be recorded in the meeting record template.

Setting an improvement period that is shorter than the typical 6‑8 weeks without justification.

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Source transparency

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