A PIP is not legally required under the Fair Work Act 2009 (Cth) — but it is one of the most powerful tools available for demonstrating to the Fair Work Commission that a fair process was followed. In complex or sustained performance matters, it is the difference between a defensible termination and an expensive unfair dismissal finding.
A poorly executed PIP doesn’t protect you — it can actually be used as evidence that the process was unfair.
Last reviewed against Fair Work Ombudsman guidance — April 2026
A PIP creates a documented record that:
1. The specific performance concern was identified and communicated
2. Clear expectations were set in writing
3. The employee had a genuine opportunity to improve with support
4. Regular check-ins occurred and were documented
5. The outcome was assessed fairly before any termination decision
Without this record, the Commission is often left with the employee’s version of events.
What Every PIP Must Include
The Fair Work Commission will examine whether the PIP was genuine — not just whether it existed. Each of these elements must be substantive, not performative.
- Employee and manager details — full name, position, date PIP commenced
- Specific performance concern — not "attitude" or "performance generally" but exactly what is falling short, with examples and dates
- The expected standard — clearly stated, specific, and measurable (e.g. "zero late arrivals in the review period" not "be more punctual")
- Measurable improvement targets — what success looks like at the end of the review period
- Support and resources provided — training, mentoring, adjusted rostering, or any other assistance being offered
- Check-in meeting schedule — specific dates for review meetings during the PIP period
- Review date — the specific date the PIP period ends and the outcome is assessed
- Consequences if improvement is not achieved — including potential termination
- Employee’s right to respond — and right to bring a support person to any formal meeting
- Signature lines — manager and employee (acknowledges receipt, not agreement)
PIP Template Structure
Most PIPs fail not because of the structure — but because the content is too vague or not aligned to the specific situation. This template shows the required format, but the wording inside each section is what determines whether it holds up at Fair Work.
This is the structure every compliant PIP should follow. Fitz HR generates this automatically for your specific situation — but this framework shows you what’s required and why each element matters.
Manager: [Name] PIP Start Date: [Date] Review Date: [Date]
1. Purpose of This Plan
This Performance Improvement Plan has been issued to address [specific performance concern]. Previous discussions regarding this issue occurred on [dates]. This plan provides a structured opportunity to meet the required standard before any further action is considered.
2. Specific Performance Concern
[Describe in specific, observable terms. Include examples with dates. E.g. "On 15 March, 22 March, and 5 April 2026, you arrived between 20 and 45 minutes late for your rostered shift without prior notification."]
3. Required Standard Going Forward
[State clearly and specifically. E.g. "You must arrive on time for every rostered shift. If you are unable to attend, you must notify your manager at least 2 hours before the shift start time."]
4. Measurable Success Criteria
At the end of the review period, success will be assessed against: [specific, measurable targets — e.g. "Zero late arrivals during the 4-week review period" or "Customer complaint rate reduced to below 1 per week."]
5. Support Provided
[Note specific support: training sessions, scheduling adjustments, coaching, check-in meetings, etc.]
6. Check-In Meeting Schedule
Progress meetings: [Date 1], [Date 2]. Notes will be taken at each meeting and shared with the employee.
7. Consequences
If the required standard is not met by the review date, further disciplinary action may result, up to and including termination of employment.
8. Your Right to Respond
You are invited to provide a written response to this plan within 5 business days. You may bring a support person to any formal meeting connected with this PIP. No final decision will be made until your response has been considered.
Manager: ___________________ Date: ___________
Employee (receipt acknowledged): ___________________ Date: ___________
PIP Timeframes — How Long Is Long Enough?
One of the most common PIP failures is an improvement period so short that it doesn’t constitute a genuine opportunity to change. The Fair Work Commission will scrutinise this — a 3-day PIP for a performance issue that developed over months is not a genuine opportunity.
A timeframe that is too short is one of the most common reasons PIPs fail at the Fair Work Commission.
- Conduct issues (lateness, attendance, policy breach): 2–4 weeks
- Performance issues (service quality, food safety, skills gaps): 4–8 weeks
- Complex or long-standing performance issues: 6–12 weeks with structured support
The timeframe must be long enough for improvement to realistically occur — not just long enough to check a box.
Common PIP Mistakes That Invalidate the Process
Most failed PIPs don’t fail because of one issue — they fail because of a pattern of small mistakes across the process.
When a PIP Is Not Appropriate
A PIP is designed for sustained performance issues — not every situation. Using one in the wrong context can weaken rather than strengthen your position.
- Serious misconduct (theft, violence, intoxication): may justify immediate disciplinary action without a PIP — though a fair process in the moment is still required. See our guide on what counts as serious misconduct in Australia.
- Probationary employees: a full PIP may not be required during the minimum employment period, depending on the situation and how long the employee has been in the role.
- Minor or isolated issues: a single incident or easily correctable issue may be better addressed through informal feedback or a single formal warning rather than a full PIP.
Using a PIP when a warning would suffice delays the process unnecessarily. Using a warning when a PIP is needed leaves you without a documented improvement structure.
Frequently Asked Questions
Do I need a PIP before terminating an employee in Australia?
How long should a PIP last in hospitality in Australia?
What is a performance improvement plan (PIP) in Australia?
Can an employee refuse to sign a PIP?
What should a PIP include in Australia?
A PIP done properly takes 20–30 minutes. A termination without one — or with one that wasn’t genuine — can result in a $15,000–$40,000 unfair dismissal outcome. The documentation is the difference.
Generate a PIP That Actually Stands Up at Fair Work
Fitz HR generates situation-specific Performance Improvement Plans for hospitality venues — covering all required elements and aligned to the Hospitality Award. Optional HR professional review before you issue it.
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