Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
- What Is a Performance Improvement Plan?
- Why Use a Performance Improvement Plan Template?
- How Do You Create or Choose a Strong Performance Improvement Plan Template?
- What Are Some Common Mistakes to Avoid With Performance Improvement Plans?
- What Other Legal Documents Might I Need for Effective Staff Management?
- What Are the Benefits of Using a Performance Improvement Plan Template?
- Key Takeaways
Managing people isn’t always easy, but building a productive and positive workplace starts with effective communication – especially when things aren’t going smoothly. If you’re a business owner or manager, there’s a good chance you’ll face situations where an employee’s performance isn’t meeting your expectations. This can be tricky to handle. You want to support your team to grow, but you also need to protect your business and ensure consistency for everyone. That’s where a performance improvement plan template can make all the difference.
Performance improvement plans (often called PIPs) are designed to address underperformance in a fair, structured and legally compliant way. Whether you’re running a small business or leading a bigger team, using a strong template ensures the process is clear, transparent, and gives your employee every chance to succeed. But there’s more to it than just filling in a form – your approach matters, and there are legal factors to consider under Australian workplace law.
In this guide, we’ll break down exactly how to use a performance improvement plan template to manage employee issues in your business, what legal requirements you need to keep in mind, and how to make the process work for everyone involved. Read on to ensure you’re protecting your business and treating your staff fairly every step of the way.
What Is a Performance Improvement Plan?
A performance improvement plan (PIP) is a formal document that outlines the areas where an employee’s performance hasn’t met expectations, sets clear goals for improvement, and provides a roadmap for how that improvement can be achieved. It usually includes:
- Specific examples of underperformance or behavioural issues
- Measurable objectives and targets for the employee to work towards
- Timeframes for review and follow-up
- Support or training options available to the employee
- Consequences of not making the required improvements
Used properly, a PIP is much more than just a disciplinary tool – it’s a way to help employees succeed, showing your commitment to fairness and avoiding unnecessary disputes. It also builds a record of your attempt to support the staff member, which can be crucial if you later need to take further action (like termination).
Why Use a Performance Improvement Plan Template?
Many business owners ask: do I really need a formal template? The short answer is – yes, it’s wise.
Here’s why:
- Consistency and Fairness: A template ensures you follow the same process with every employee, which helps you avoid claims of bias or unfair treatment.
- Legal Compliance: The Fair Work Act 2009 and other employment laws require procedural fairness before dismissing someone for underperformance. A well-documented PIP is proof you took reasonable steps. You can read more about performance improvement plans for employers here.
- Clear Communication: Templates help you express performance standards and expectations in plain language, so nothing gets lost in translation.
- Risk Reduction: If you end up in a dispute, a well-executed PIP (following a template) demonstrates you acted properly and fairly under Australian workplace laws.
Ultimately, using a performance improvement plan template gives both you and your employee the best chance at a positive outcome – whether that’s seeing performance turn around, or moving forward knowing you followed the right procedures.
How Do You Create or Choose a Strong Performance Improvement Plan Template?
Not all templates are created equal. The best ones are:
- Simple and Practical: Easy to understand, easy to complete, and avoids unnecessary jargon.
- Clear on Expectations: Specifies what “good performance” looks like for the employee’s role and what needs to change.
- Aligned with Your Policies: Matches your company policies and employment contracts, helping avoid conflicts or confusion.
- Legally Up to Date: References the relevant Australian framework, like the Fair Work Act, and any applicable awards or agreements. For complex cases, it’s wise to have a legal expert review your documents.
If you’re looking for an easy starting point, many employers adapt templates available through human resources bodies, industry associations, or legal providers like Sprintlaw.
Step-by-Step Guide to Using a Performance Improvement Plan Template
Let’s walk through how you’d actually use a performance improvement plan template in practice:
1. Identify Issues and Gather Evidence
Before meeting with your employee, document clear, factual examples of the performance or behavioural concerns. Review their duties, prior feedback, and your policies. Keep notes objective and relevant to the job.
2. Prepare the Performance Improvement Plan Template
Fill in the required sections of your template, including:
- The specific issues to be addressed (with examples and dates if possible)
- What satisfactory performance should look like for each area
- Measurable goals or KPIs for improvement
- The review period (e.g. 2, 4 or 8 weeks, depending on the issue and role)
- Support measures you can offer (like mentoring, extra training, or resource changes)
- The consequences if improvement isn’t made (like further action, up to and including dismissal)
3. Meet With the Employee
Schedule a private meeting with enough time to talk through the plan. Approach it as a collaborative discussion: explain your concerns, present the improvement plan, and ask for their feedback. Listen – sometimes there are reasons behind underperformance, like unclear instructions or outside pressures.
Allow the employee to suggest what might help. Their input can shape the plan for better results.
4. Confirm the Plan in Writing
After your discussion, give the employee a formal copy of the completed performance improvement plan template. Ask them to read and sign it to confirm receipt (not necessarily agreement). Keep signed copies in your records and give them a copy for reference.
5. Monitor Progress and Support the Employee
Set regular check-ins throughout the review period. Document these catch-ups: what was discussed, any progress or setbacks, and extra support provided. Be constructive – the aim is improvement, not punishment.
If your template covers regular feedback, use those sections to record outcomes and adjust as needed.
6. Follow Up and Decide on Next Steps
At the end of the agreed timeframe, review progress. If the employee has met expectations, confirm the improvement in writing and continue supporting their ongoing success.
If progress is still lacking, you may need to consider your next steps – which could include extending the plan, redeploying the employee, or, in some cases, starting formal disciplinary procedures.
Remember: Australian law requires you to act fairly and give employees reasonable opportunity to improve before termination. A well-handled PIP process (using a template) is your best defence if a dismissal is later challenged as unfair. For more on this, see our article on performance management and legal requirements.
What Legal Requirements Should I Consider When Using a Performance Improvement Plan?
Getting your PIP process right is not just about best practice – it’s also a legal safeguard for your business. Here’s what you need to know about your obligations under Australian employment law:
Procedural Fairness
You must give employees:
- Clear information about workplace expectations and what’s not being met
- The opportunity to respond to concerns (before any decisions are made)
- Enough time and support to address the issues – rushing the process can be seen as unfair
Failure to provide procedural fairness is one of the most common reasons for unfair dismissal claims succeeding.
Compliance With Awards and Agreements
If your staff are covered by a modern award or enterprise agreement, check the rules about counselling and performance management – some have specific requirements.
Recording and Privacy Considerations
Keep detailed and confidential records of all PIP meetings, notes, and outcomes. Comply with your obligations under privacy law (see our general guide on privacy and employee information).
Consistency and Anti-Discrimination
Use your PIP process consistently across cases. Applying your template and policies equally helps defend against allegations of discrimination or unfair treatment. Make sure the issues identified are supported by objective evidence and are not related to the employee’s age, gender, disability, or other protected characteristics.
Potential for Unfair Dismissal Claims
If you ultimately decide to terminate employment after a failed PIP, the actions and records you kept throughout the process will be central if the employee brings a claim under the Fair Work Act. Being able to show you used a performance improvement plan template and followed a clear, fair process is your best protection against claims of unfair or unlawful dismissal. For more on how to handle terminations properly, read our article on termination and legal requirements in Australia.
What Are Some Common Mistakes to Avoid With Performance Improvement Plans?
- Being too vague – Don’t just say “needs to improve attitude.” Specify the behaviours to be changed and what constitutes satisfactory conduct.
- Rushing the process – Allow reasonable time for the employee to show improvement, tailored to their role and the issues involved.
- Failing to communicate – Employees shouldn’t be surprised by a PIP. In most cases, earlier informal discussions should have flagged concerns.
- Not offering support – Remember that the goal is improvement. Provide the promised training, guidance, or adjustments where possible.
- Skipping the paperwork – Always document each step and keep copies of the signed performance improvement plan template, as well as records of subsequent meetings.
What Other Legal Documents Might I Need for Effective Staff Management?
Your performance improvement plan template works best as part of a broader set of employment policies and documents. Depending on your business and staffing setup, you might also need:
- Employment Agreement: The foundational contract setting out rights, responsibilities, hours, pay, and termination processes. Find out more about employment contracts here.
- Employee Handbook or Staff Policies: Details your performance expectations, disciplinary procedure, leave entitlements, and more.
- Performance Management Policy: Lays out the process for raising performance issues, applying PIPs, and providing feedback.
- Record Keeping Policy: Governs how you store employee information – important under privacy law.
- Termination Checklist and Documents: Ensures legal compliance (notice periods, final pay, exit interview) if you end employment. See our guidance on termination payments and compliance.
If you’re unsure what you need, it’s a smart step to get tailored legal advice for your sector or talk to an online employment lawyer at Sprintlaw about building a staff manual that fits the law and your values.
What Are the Benefits of Using a Performance Improvement Plan Template?
Let’s sum up why using a strong template is so valuable for your business and team:
- Builds Trust: Employees understand exactly what’s expected and have a fair, transparent opportunity to improve.
- Protects Your Business: Following a proper, documented process is essential if a dispute arises – it can defend your business from claims of unfair dismissal or discrimination.
- Improves Team Dynamics: Addressing performance issues promptly and well reduces resentment and helps all staff feel supported.
- Legal Peace of Mind: Compliance with Australian workplace laws minimises risk of penalties or legal claims.
And remember – a PIP isn’t about “punishing” staff. The best outcomes come when employees feel supported, not just managed.
Key Takeaways
- A performance improvement plan template helps you manage underperformance fairly, clearly and in compliance with Australian law.
- The template should outline issues, set measurable goals, provide support, and explain consequences, giving employees a fair opportunity to succeed.
- Following a template reduces legal risks (like unfair dismissal claims) and demonstrates a consistent, objective process.
- Legal compliance matters – always follow procedural fairness, check award or agreement requirements, and keep confidential records.
- Your PIP template works best as part of a strong suite of employment contracts and policies, tailored to your business’ needs.
- Getting legal guidance early, before issues escalate, can save your business from expensive disputes and help create a more positive workplace.
If you’d like a consultation about using a performance improvement plan template or getting your employment policies right for your business, reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.








