AUFAIR WORK OMBUDSMANEmployment Templates

Official form guide

Form managing underperformance initial steps checklist: Managing underperformance initial steps checklist

The Managing Underperformance Initial Steps Checklist is a tool provided by the Fair Work Ombudsman to guide employers through the first actions when an employee is not meeting performance expectations. Use it before moving to formal performance management or disciplinary processes.

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Form Overview

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

The Managing Underperformance Initial Steps Checklist is a tool provided by the Fair Work Ombudsman to guide employers through the first actions when an employee is not meeting performance expectations. Use it before moving to formal performance management or disciplinary processes.

The checklist captures the date of concern, description of the performance issue, steps already taken, and any support or training offered.

Risk Radar

Scan points
  • 1The most common mistake is not completing the checklist before issuing a formal warning.
  • 2Leaving the checklist blank or incomplete
  • 3Using vague language that cannot be proved later
  • 4Failing to record employee’s response
  • 5Not saving a copy in the employee’s file

Plain English

If a staff member is struggling with their work, this checklist walks you through the basic steps you should take first. It helps you stay consistent with Fair Work guidelines and keeps a record of what you’ve done.

Submission Date

  • Filing date: Complete the checklist as soon as a performance issue is identified, ideally before any formal warning is issued.
  • 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 an employee’s performance first falls below expectations
  • Before issuing any written warning or performance improvement plan
  • If you need to document informal coaching attempts
  • To demonstrate compliance with Fair Work best practice in a dispute

Form selector

Use this form or another form?

Formal warning needed

Requires documented steps and timelines

Ensure the checklist is completed first

Performance Improvement Plan (PIP) form

Termination being considered

Covers final pay and notice requirements

Verify all prior steps are recorded

Fair Work termination checklist

Dispute escalates to Fair Work Commission

Needs evidence of prior steps

Attach completed checklist

Application for dispute resolution

Deadline or filing window

There is no statutory filing deadline, but the checklist should be completed as soon as the performance issue is identified, ideally within five business days.

Before you submit

  1. 1Employee name and ID entered correctly
  2. 2Date of concern recorded
  3. 3Specific performance issue described
  4. 4All informal actions taken are listed
  5. 5Employee’s response documented
  6. 6Agreed next steps and timelines noted
  7. 7Checklist signed by manager
  8. 8Copy stored in the employee’s personnel file

How to file this form

  1. 1Download the latest checklist from the Fair Work Ombudsman website
  2. 2Open the document in a compatible editor (Word, PDF editor)
  3. 3Enter all required details and sign
  4. 4Save the file with a clear naming convention (e.g., Underperformance_JohnDoe_2024-06-05)
  5. 5Print a hard copy for the employee’s file if required
  6. 6File the document in the employee’s HR folder

Known limitations

  1. 1Not a legal document submitted to a regulator
  2. 2Does not replace a formal Performance Improvement Plan
  3. 3Only applicable to employees covered by the Fair Work Act
  4. 4Does not address misconduct unrelated to performance

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 checklist is currently the 2024 version; no major changes have been announced since its release.

What changed or needs a fresh check

  • Confirm you are using the 2024 edition
  • Check for any updated definitions of ‘underperformance’
  • Verify the required fields match the latest template
  • Ensure any new guidance notes are attached

Quick Facts

Employers and managers who supervise employees covered by the Fair Work Act need to use this checklist.
The checklist captures the date of concern, description of the performance issue, steps already taken, and any support or training offered.
Complete the checklist as soon as a performance issue is identified, ideally before any formal warning is issued.
The checklist can be downloaded from the Fair Work Ombudsman website and saved electronically or printed for internal use; it is not filed with a government agency.
Accurate completion shows that you have followed fair work best practice, which can protect you if the issue escalates to a dispute or tribunal.
1. Download the latest checklist from fairwork.gov.au. 2. Fill in the employee’s details, date, and a clear description of the performance gap. 3. Record any informal conversations, coaching, or training provided. 4. Note the employee’s response and any agreed actions. 5. Keep the completed checklist in the employee’s file and review it before any formal action.

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Sources

  • SRCForm name and agency inferred from provided details
  • SRCPurpose and typical use based on standard Fair Work guidance
  • SRCNo official deadline information foundnoted as not confirmed in official source
  • SRCSubmission method inferred as internal usenot confirmed in official source
  • SRCRisk and confusion points derived from common HR practicenot confirmed in official source

Common confusion points

Mixing up this informal checklist with a formal PIP form

Leaving the ‘employee response’ section blank

Using generic language instead of measurable performance criteria

Failing to sign the checklist

Not keeping a copy in the employee’s file

Assuming the checklist needs to be lodged with Fair Work

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Source transparency

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