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 Management Policy (And Why Do You Need One)?
What Should A Performance Management Policy Template Include In Australia?
- 1. Purpose And Scope
- 2. What Counts As Underperformance?
- 3. Your Principles: Fairness, Confidentiality, And Support
- 4. Informal Performance Conversations
- 5. Formal Performance Management (Warnings And Improvement Plans)
- 6. Documentation And Record-Keeping
- 7. Employee Support Person (Optional But Common)
- 8. Outcomes And Next Steps
- Key Takeaways
When you’re building a startup or small business, performance issues can feel personal - especially when your team is small and everyone’s wearing multiple hats.
But avoiding performance conversations usually makes things harder. Minor issues can snowball into bigger problems, your other team members may feel frustrated, and you can end up dealing with legal risk if things escalate to warnings or termination.
Having a well-drafted performance management policy template gives you a consistent process to follow. It helps you set expectations, keep accurate records, support your people to improve, and take fair steps if improvement doesn’t happen.
Below, we walk you through what a performance management policy should cover in Australia, how to adapt a template for your business, and a practical outline you can use right away. This article is general information, not legal advice. Awards, enterprise agreements, and anti-discrimination laws can affect what’s appropriate in your situation, so it’s worth getting tailored advice if you’re unsure.
What Is A Performance Management Policy (And Why Do You Need One)?
A performance management policy is a written workplace policy that explains how you manage underperformance and performance-related issues at work.
For startups and small businesses, a performance management policy template can be especially useful because it:
- Creates consistency (so you don’t handle similar issues differently across team members)
- Sets expectations (so your team knows what “good performance” looks like)
- Supports fairness (so the process is clear, reasonable, and not rushed)
- Helps protect your business (clear steps and good documentation can reduce dispute risk)
- Makes management less stressful (you’re not improvising a “process” under pressure)
It’s also worth remembering that “performance management” isn’t just about discipline. Done well, it’s a structured way to help your team perform and grow, while also giving you a lawful pathway to escalate matters if you need to.
In practice, your policy should sit alongside your employment documents - especially your Employment Contract and your broader Workplace Policy framework. It should also be consistent with any applicable award or enterprise agreement (including consultation or disciplinary provisions), as well as workplace health and safety and anti-discrimination obligations.
What Should A Performance Management Policy Template Include In Australia?
A solid performance management policy template for Australian businesses should cover both the “people” side (support and clarity) and the “process” side (steps, records, and escalation).
Here are the core sections we recommend including.
1. Purpose And Scope
Explain what the policy is for and who it applies to (for example: full-time, part-time and casual employees). You can also clarify whether it applies to contractors - often, performance processes for contractors are handled under the contractor agreement rather than internal employee policies.
2. What Counts As Underperformance?
Be specific. Underperformance can look like:
- Not meeting role requirements or KPIs
- Consistent mistakes, delays, or poor quality work
- Not following reasonable directions
- Poor communication that affects delivery
- Not meeting behavioural expectations linked to the role (for example, repeated rudeness to customers)
This is also a good place to distinguish underperformance from:
- Misconduct (which may require a different process)
- Capability issues (for example, someone needs training or a change in duties)
- Health-related issues (which may trigger additional considerations, including reasonable adjustments and discrimination risks)
3. Your Principles: Fairness, Confidentiality, And Support
Most performance disputes start because a team member feels blindsided or treated unfairly.
Your policy should state principles like:
- Performance issues will be raised promptly and respectfully
- The employee will have an opportunity to respond
- The business will provide reasonable support (training, guidance, coaching)
- Matters will be handled confidentially (as far as reasonably possible)
- Decisions will be based on evidence and documented meetings
4. Informal Performance Conversations
Not every issue needs to start with formal warnings.
Your policy should encourage early, informal steps such as:
- A quick 1:1 conversation about the issue
- Clarifying expectations and deadlines
- Offering coaching, shadowing, or check-ins
- Agreeing on immediate next steps
Even for informal steps, it’s a good idea to keep brief notes (date, issue raised, agreed actions) in case you need to escalate later.
5. Formal Performance Management (Warnings And Improvement Plans)
This is where your template should do the heavy lifting. Your policy should outline a clear escalation process, such as:
- First formal meeting (with written record)
- Written warning (where appropriate)
- Performance Improvement Plan (PIP) or structured improvement plan
- Follow-up meetings and review timeframe
- Further warning(s) if there is insufficient improvement
- Final outcome (which may include changes to role, training, or termination)
Many businesses also include a “show cause” step if the concerns are serious or continuing, giving the employee a final opportunity to explain why disciplinary action should not be taken - the structure and purpose of show cause letters can be a useful reference point for how to approach that stage.
Similarly, your policy can reference that formal warnings will be handled in a structured way, consistent with good HR practice - the approach in formal warnings is a helpful benchmark for what “procedural fairness” looks like in real life.
6. Documentation And Record-Keeping
For small businesses, good records are often the difference between “we handled this fairly” and “we can’t prove what happened”.
Your policy should explain:
- What documents you’ll keep (meeting notes, warnings, improvement plans)
- Where they’re stored (secure HR folder, limited access)
- Who can access them (usually the employee’s manager and HR/leadership)
- How long you keep records (you can set an internal standard, but ensure it’s reasonable and consistent with any legal or regulatory requirements that apply to your business)
7. Employee Support Person (Optional But Common)
Many businesses allow an employee to bring a support person to formal performance meetings. Your policy can clarify that the support person is there for support, not to advocate or answer questions on the employee’s behalf.
8. Outcomes And Next Steps
Be transparent that possible outcomes may include:
- Additional training and coaching
- Changes to duties (where lawful and reasonable, and consistent with the employment contract and any applicable award or enterprise agreement)
- Role redesign or redeployment (where appropriate)
- Final warning
- Termination of employment if performance does not improve
If you do include termination as a potential outcome, it’s important your policy also reflects that you’ll follow a fair process and comply with legal requirements (including notice, consultation obligations where applicable, and any relevant award/enterprise agreement processes). Many businesses also align their process with the general fairness factors often discussed in unfair dismissal contexts (for example, whether there was a valid reason and whether the employee had an opportunity to respond) - see the approach discussed in section 387.
A Practical Performance Management Policy Template Outline (With Example Wording)
Below is a practical, copy-and-adapt outline for a performance management policy. This isn’t “one size fits all” - you should tailor it to your team, industry, and risk profile - but it’s a strong starting point for many Australian startups and small businesses.
1. Policy Title
Performance Management Policy
2. Purpose
Example wording: “This policy outlines how we manage employee performance to ensure expectations are clear, employees are supported to succeed, and performance concerns are addressed fairly and consistently.”
3. Scope
Example wording: “This policy applies to all employees of the business, including full-time, part-time, and casual employees. Where appropriate, elements of this policy may be applied to contractors, subject to their engagement terms.”
4. Our Performance Expectations
Example wording: “We expect employees to perform their role duties to a reasonable standard, comply with lawful and reasonable directions, and meet behavioural expectations set by the business.”
You can also add examples relevant to your business (for example: response times, customer service standards, code review requirements, safety procedures).
5. Identifying Underperformance
Example wording: “Underperformance may include failure to meet role requirements, repeated errors, missed deadlines, or conduct that negatively impacts performance outcomes.”
6. Informal Performance Support
Example wording: “Where appropriate, performance concerns will be addressed first through informal discussion, coaching, feedback, and support. The purpose is to clarify expectations and support improvement.”
7. Formal Performance Management Process
Step A: Formal Meeting
- Explain the concern clearly, with examples and dates
- Give the employee an opportunity to respond
- Discuss what improvement looks like and how it will be measured
- Confirm any support to be provided
Step B: Written Warning (If Required)
Example wording: “If performance does not improve or the concern is serious, the business may issue a written warning. Warnings will outline the performance concerns, required improvements, timeframes, and consequences if improvement does not occur.”
Step C: Performance Improvement Plan (PIP)
In a small business, a PIP doesn’t need to be complicated - but it should be clear. Include:
- The specific performance issue(s)
- Expected standard
- Actions required
- Support offered (training, check-ins, buddying)
- Timeframes and review dates
- How outcomes will be assessed
Step D: Review And Next Steps
Example wording: “At the end of the review period, the business will meet with the employee to assess progress. If performance has improved to the required standard, the matter may be closed. If performance has not improved, the business may extend the PIP, issue a further warning, or consider other outcomes, including termination.”
8. Support Person
Example wording: “An employee may bring a support person to formal performance meetings. The support person is present to provide support and does not act as an advocate.”
9. Documentation
Example wording: “The business will document formal performance meetings, warnings, and improvement plans. Records will be stored securely and treated confidentially.”
10. Review Of This Policy
Example wording: “We may update this policy from time to time to reflect changes in the business, law, or operational needs.”
If you want your policy to be enforceable in practice, make sure it matches how you actually operate. A policy that says “we always do X” but your managers do “Y” can create confusion and risk.
How To Implement Your Performance Management Policy In A Small Business (Without Overcomplicating It)
A performance management policy template is only helpful if it’s used consistently.
Here’s a practical approach to rolling it out in a small business environment.
Train Your Leaders (Even If “Leaders” Means Two People)
If you have founders, team leads, or managers, align them on:
- How to give feedback early (before it becomes formal)
- How to document conversations in a respectful, objective way
- How to set measurable expectations
- When to escalate (and when not to)
Make Performance Expectations Measurable
Vague expectations like “be more proactive” are hard to manage.
Instead, anchor performance to observable outcomes, such as:
- Meeting deadlines
- Quality standards (error rate, rework required)
- Customer satisfaction measures
- Sales activity targets (if relevant)
- Communication behaviours (for example: update stakeholders by a set time)
Use Consistent Documentation
In a growing startup, consistency is what keeps the process fair. Consider using a simple set of templates for:
- Meeting notes
- Written warnings
- Performance improvement plans
- Review meeting outcomes
This doesn’t need to be bureaucratic - it just needs to be clear and repeatable.
Be Careful Around Probation
Many startups assume probation means “we can end employment instantly with no risk”. That’s not always the case.
Your probation clause, notice requirements, and the way you handle the process still matter. Even where an employee can’t bring an unfair dismissal claim (for example, because they haven’t met the minimum employment period), there may still be other legal risks (such as general protections, discrimination, adverse action claims, or breach of contract). If performance concerns come up early, it can be helpful to follow a simplified version of your performance process during probation so the employee isn’t blindsided and you’re still acting fairly. The approach in termination during probation is a useful reminder that process and documentation still matter.
Common Mistakes To Avoid When Using A Performance Management Policy Template
Most performance management problems don’t come from “having no policy”. They come from using a policy inconsistently or using it as a shortcut.
Here are common pitfalls we see in small businesses.
Moving Straight To A Warning Without Clear Prior Feedback
If an employee hears about a performance issue for the first time in a formal warning, they may argue they weren’t given a fair chance to improve.
Whenever possible, raise issues early, explain the impact, and set expectations before escalating.
Keeping The Issue Too Vague
“Bad attitude” or “not a culture fit” can be hard to substantiate.
Focus on behaviours and work outcomes, not personality. If you need to discuss behaviour, tie it back to workplace expectations and impact (for example: “raised voice in client meetings” or “failed to follow the escalation process”).
Not Offering Any Support
Performance management isn’t only about consequences.
If someone is struggling due to unclear training, shifting priorities, or a new system rollout, your policy should allow for coaching, training and reasonable support.
Using Performance Management To Deal With Misconduct
Serious misconduct or behavioural breaches may require a different disciplinary approach (sometimes including investigation steps). If you treat a misconduct issue as “underperformance”, you may end up with the wrong process.
Inconsistent Treatment Across Team Members
If two people make the same mistake but only one is formally warned, it can create internal conflict and increase legal risk. Consistency is a key reason you’re putting a policy in place.
Rushing Termination Without Following Your Own Steps
If you terminate without following a fair process, you may face a dispute that consumes time and money - the exact thing you were trying to avoid.
If you are considering ending employment due to performance, make sure your process is aligned with your contracts, your policy, and any applicable award or enterprise agreement obligations. It can also be worth getting advice early (before the final meeting) so you don’t miss key steps.
Key Takeaways
- A performance management policy template helps you manage underperformance consistently, fairly, and with clearer documentation.
- A good policy should cover informal feedback, formal escalation steps, improvement plans, record-keeping, and possible outcomes.
- Clear expectations and measurable standards make performance conversations faster, calmer, and more effective.
- Documentation matters - short, objective notes can help protect your business if a performance issue escalates.
- Even in probation, it’s worth using a simplified performance process so employees aren’t blindsided and your business is protected.
- Performance management should support improvement first, while still giving you a structured pathway to warnings and, if needed, termination.
If you’d like help putting a performance management policy in place (or aligning it with your contracts, any applicable award or enterprise agreement obligations, and your internal processes), you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.








