AUFAIR WORK OMBUDSMANEmployment Templates

Official form guide

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

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.

Need help with Form managing underperformance formal steps checklist?

Open it in the AI Editor for field guidance, checks, and PDF export.

Fillable formOpen in Editor->

Form Overview

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

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.

The checklist captures the performance issue, dates of discussions, any support or training offered, and the formal warnings given.

Risk Radar

Scan points
  • 1The most common mistake is forgetting to record the informal talks before issuing a formal warning.
  • 2Skipping informal discussion records
  • 3Failing to note dates of each step
  • 4Not offering reasonable support or training
  • 5Leaving the checklist unsigned by manager or employee

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

  • Filing date: Fill it out as soon as you decide performance is below expectations and before you issue any formal warning or performance improvement plan.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

AI co-pilot

Fill it faster. Catch mistakes before you file.

Explains confusing fields in plain English
Flags missing signatures, dates, IDs, and attachments
Keeps the PDF ready for editor, send, and proof flows
Open AI workspace->

Glossary Terms

Hover a term to preview the meaning.

What this form is for

  • When an employee’s performance consistently falls below the role’s standards.
  • Before issuing a first written warning or performance improvement plan.
  • If you need evidence of a fair process for potential Fair Work Commission review.
  • To standardise performance management across multiple sites or departments.
  • When you want a clear record for HR audits or internal reviews.

Form selector

Use this form or another form?

Serious misconduct

Immediate termination may be justified

Confirm misconduct meets legal definition

Fair Work Ombudsman Termination Form

Redundancy due to role elimination

Different legal process

Use only if position is genuinely redundant

Fair Work Redundancy Consultation Form

Unpaid wages dispute

Wage issues are separate from performance

Separate the matters

Fair Work Claim Form (FWC)

Deadline or filing window

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.

Before you submit

  1. 1Downloaded the latest version from fairwork.gov.au
  2. 2Employee name, role and ID recorded correctly
  3. 3All informal discussion dates entered
  4. 4Support or training offered is clearly described
  5. 5Formal warning dates and outcomes logged
  6. 6Manager and employee signatures obtained
  7. 7Checklist stored in the employee’s personnel file

How to file this form

  1. 1Download the current checklist from the Fair Work Ombudsman website.
  2. 2Print or open it in an editable PDF format.
  3. 3Enter employee details and describe the performance issue.
  4. 4Log each informal conversation, date, and any assistance provided.
  5. 5Record formal warnings, dates, and employee responses.
  6. 6Obtain signatures from the manager and the employee.
  7. 7Save a digital copy and place the hard copy in the employee’s file.

Known limitations

  1. 1Not a legal document; it does not replace formal warning letters.
  2. 2Does not need to be submitted to the Fair Work Ombudsman.
  3. 3Only applicable to performance issues, not misconduct or redundancy.
  4. 4May need to be adapted to align with enterprise agreements.

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
This compact map shows the fields you typically encounter on this type of Australian form. The AI Editor gives precise, field-by-field guidance once you open the actual PDF.

Almost done reviewing the fields?

Fillable formOpen in Editor->
Current form status
FAIR_WORK_OMBUDSMAN

The checklist is current as of the latest Fair Work Ombudsman update in early 2024. No major revisions have been announced since.

What changed or needs a fresh check

  • Check the header for the 2024 revision date.
  • Confirm the checklist includes the new ‘Support and Training’ column.
  • Verify you have the latest PDF from the Fair Work website.
  • Ensure any organisation‑specific policy references are up to date.

Quick Facts

Employers and managers who are dealing with an under‑performing employee need to complete this checklist.
The checklist captures the performance issue, dates of discussions, any support or training offered, and the formal warnings given.
Fill it out as soon as you decide performance is below expectations and before you issue any formal warning or performance improvement plan.
The checklist is typically downloaded from the Fair Work Ombudsman website and kept in your internal HR records; no external filing is required.
Accurate completion shows you have followed due process, which protects both the business and the employee if the matter goes to the Fair Work Commission.
1. Download the latest checklist from fairwork.gov.au. 2. Record the employee’s name, role and the specific performance shortfall. 3. Note each informal discussion, dates, and any training or support offered. 4. Document formal warnings, dates and the employee’s response. 5. Keep the signed checklist in the employee’s file and update it as needed.

Fill Form managing underperformance formal steps checklist

AI-powered guidance for every field

Fillable formOpen in Editor->

Free to start / No account required

Sources

  • SRCForm name and agency inferred from provided details.
  • SRCChecklist purpose based on typical Fair Work performance management tools.
  • SRCNo official PDF examinedmarked as not confirmed where specific fields are described.
  • SRCVersion date assumption from Fair Work Ombudsman updates in 2024.
  • SRCSubmission method inferred from standard practice for internal checklists.

Common confusion points

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.

Ready to get started?

7 fields / 6 sections / AI-powered guidance

Fillable formOpen in Editor->

Source transparency

Copyright & Licensing — Australian Government Forms

Independent guide

BrieflyGo links to and explains official public form sources. We are not a government agency, and this page is for general form guidance, not legal advice.

Crown Copyright (AU)© Commonwealth of Australia. Material may be downloaded, displayed, printed and reproduced in unaltered form for personal non-commercial use or internal organisational use. Not under an open licence.
CC BY-NC 4.0Creative Commons Attribution-NonCommercial 4.0 International. Free to copy and share with attribution, but not for commercial use.
CC BY 4.0 AUCreative Commons Attribution 4.0 Australia. Free to copy, modify, and distribute with attribution. Excludes logos, Coat of Arms, and third-party content.
Crown Copyright (AU)© Commonwealth of Australia / ACNC. Website content is CC BY 4.0 but ACNC forms without the ACNC logo are explicitly excluded from the CC licence.
Crown Copyright (VIC)© WorkSafe Victoria / State of Victoria. All rights reserved. Not under an open licence. Reproduction only with permission.
Crown Copyright (AU)© Commonwealth of Australia. Material may be downloaded, displayed, printed and reproduced in unaltered form for personal non-commercial use or internal organisational use. Not under an open licence.
Verify current license terms with the source agency before reuse outside this platform.

Never sign without understanding every clause.

BrieflyGo reviews your contracts in plain English — instantly.

Try for free →