Official form guide
The Managing Underperformance Formal Steps Checklist is a tool from the Fair Work Ombudsman to guide employers through the correct process when an employee is not meeting performance standards. Use it when you need to document and follow formal steps before taking disciplinary action.
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Form Overview
The Managing Underperformance Formal Steps Checklist is a tool from the Fair Work Ombudsman to guide employers through the correct process when an employee is not meeting performance standards. Use it when you need to document and follow formal steps before taking disciplinary action.
Plain English
Think of this checklist as a step‑by‑step worksheet that helps you handle a worker who isn’t performing as expected. It keeps you on the right side of Fair Work rules and shows you what you need to do, in order, before moving to warnings or termination.
Submission Date
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Serious misconduct
Immediate termination may be justified
✓ Confirm misconduct meets legal definition
Redundancy due to role elimination
Different legal process
✓ Use only if position is genuinely redundant
Unpaid wages dispute
Wage issues are separate from performance
✓ Separate the matters
There is no statutory filing deadline, but the checklist should be completed before any formal warning is issued and retained for at least the duration of the employee’s tenure.
Field map
Applicant
1 items
Full name (and representative, if any), postal address, email, and phone number of the person or organisation lodging the application.
Respondent
1 items
The exact legal name and ABN of the employer or other party the application is made against.
The Matter
2 items
Identify the kind of matter — for example, unfair dismissal, general protections, or an agreement application.
A clear description of what happened, relevant dates, and the outcome you are seeking.
Dates
1 items
Relevant dates such as the date of dismissal or the date the issue arose — these determine whether you are within time.
Supporting
1 items
Any documents that support your application, such as letters, contracts, or notices.
Declaration
1 items
Sign and date the form. Applications may also require a fee or an application for a fee waiver.
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Fillable formOpen in Editor->The checklist is current as of the latest Fair Work Ombudsman update in early 2024. No major revisions have been announced since.
Quick Facts
Mixing up performance issues with misconduct.
Leaving the checklist unsigned.
Using an old version that lacks new columns.
Assuming the checklist must be lodged with Fair Work.
Failing to record informal discussions before formal warnings.
Not providing documented training or support.
Misplacing the completed checklist.
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