(1) Subject to subsection (2), a new employee may be required to serve a probationary period of not more than 12 weeks or a shorter or longer period of time agreed to between the employer and the employee.
(2) Subject to subsection (3), an employee's rights accruing under section 21 shall not be prejudiced by a probationary period which exceeds 12 weeks.
(3) The employer or employee may terminate employment at any time during the probationary period for any reason and dismissal of a person on probation shall not be construed as being an unfair dismissal for purposes of this Division.