Unpaid opportunities are common for students, graduates and people changing careers. Some are lawful and genuinely useful. Others are simply unpaid jobs. The Fair Work Ombudsman sets out how to tell the difference.
The key test
Unpaid work is lawful if the person doing it is not an employee. If there is an employment relationship, the person is an employee and must be paid under the Fair Work Act.
Common types of unpaid work
Fair Work lists several reasons unpaid work happens:
work experience and internships, to gain entry-level knowledge of a job or industry
student or vocational placements, as part of formal training
unpaid trials, to test a person's job skills
volunteering with a not-for-profit organisation.
Internships and work experience
There are no specific rules about work experience or internships in the Fair Work Act. What matters is whether there is an employment relationship. If there is, the person must be paid.
Student placements
A vocational placement can be unpaid under the Fair Work Act if there is no entitlement to be paid, the placement is a requirement of an education or training course, and it is lawful, such as a placement in an approved course.
Questions to ask before you start
Is this part of a course I am enrolled in?
Am I mainly learning and observing, or doing work the business would otherwise pay for?
How long will it last, and what will I actually be doing?
If you are unsure, the Fair Work Ombudsman has tools and resources on unpaid work. This article is general information and does not cover every situation.
About the author
RullikClear, sourced explainers on Australia and the world
Rullik is the pen name of the founder of Australia Illuminate (Auslume). Rullik writes plain-language explainers on life in Australia, from immigration, study and work to money, sport and screen culture, always linking to the official sources behind each story. Every story is reviewed before publication.
More from Rullik ↗This article was prepared with AI assistance.
