Ending the 30-day rule for new employees

28 April 2025 1 min read

By Carl Blake

At a glance

  • Plans to eliminate the '30-day rule' have been announced.
  • New employees will be able to negotiate their employment terms from day one.
  • Employers can offer 90-day trial periods from the start of employment if the employee opts for an individual employment agreement.
  • Employers must inform employees about union membership options and the binding nature of collective agreements upon joining.
  • These changes will be incorporated into the Employment Relations Amendment Bill.

Workplace Relations and Safety Minister Brooke van Velden has announced plans to eliminate the '30-day rule'. This rule currently mandates that employers must employ new employees under the terms and conditions of a collective employment agreement for the first 30 days, regardless of union membership.

Key changes

  • Immediate negotiation: New employees will have the option to negotiate their employment terms from day one, aligning with their personal preferences and situations.
  • 90-day trial periods: Employers can offer 90-day trial periods from the start of employment if the employee opts for an individual employment agreement.
  • Union communication: Employers must still inform employees about union membership options, how to contact the union, and the binding nature of collective employment agreements upon joining.

Next steps

These changes will be incorporated into the Employment Relations Amendment Bill, set to be introduced this year and expected to pass by the end of 2025.

Employers should prepare to update their employment processes and communication strategies to comply with the new regulations once the bill is enacted.