Written Warning Letter Template (Australia 2026)
Free template letter for issuing a first, second, or final written warning. Cites the Fair Work Act 2009 and includes process protections required for a defensible warning. Not legal advice.
A defensible warning includes specific examples, an expected standard, a reasonable timeframe, support offered, consequences if unaddressed, and the employee's right to respond + support person. This template covers all of these.
Why warning letters fail at the FWC
The Fair Work Commission examines warnings under section 387 of the Fair Work Act 2009. The most common reasons warnings fail to defend a later termination:
- No specific examples. Vague concerns ("attitude problem", "poor performance") without dates, behaviours, or evidence.
- No expected standard. The employee can't measure themselves against a target nobody has set out.
- No timeframe. Open-ended improvement requirements give the employee no clarity.
- No support offered. If the employee is set up to fail, the warning isn't fair.
- No chance to respond. Procedural fairness requires the employee to give their side.
- Termination too soon after final warning. Even after a final warning, you must give the agreed timeframe before termination.
- Inconsistent application. Warning one employee for behaviour you tolerate in others.
Audit an existing warning
If you've received a warning and want to check whether it meets the Fair Work Act standards, try the Warning Validity Check tool. It runs the same checklist the FWC applies.
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