Unpaid Trial Work and Your Rights

The Trap

Some job seekers are being tricked into working for nothing with the promise of getting a job. Here’s how it typically works:

• You ask about a job and the boss says: “Come in for atrial shift and we’ll see how you go.”
• You spend a day (or longer) washing dishes, waiting tables, sweeping floors, stocking shelves, or doing actual work.
• At the end, the boss says: “Thanks, we’ll call you if something comes up.”
• Result: No pay. No job. You’ve been ripped off.

This practice is called unpaid trial work — and it’s illegal under Australian workplace law. Moreover, unpaid trial work rarely leads to paid work.

The Disguises

In 2026, unpaid trial work often comes disguised as:

• “Unpaid Internships” – If you’re doing real work and not enrolled in formal training that contributes to an accredited course or degree, it’s illegal.
• “Trial Shifts” – Even if called a “trial,” if you’re doing productive work, you must be paid at least the award wage.
• “Work Experience” – Unless it’s organised through your school, TAFE, or university as part of your course, you must be paid.
• “Unpaid Training” – If the “training” involves you doing the actual job tasks that benefit the business, you must be paid.

What the Law Says

The Fair Work Ombudsman is clear: employers are acting unlawfully if they take on workers for unpaid work experience outside an education or training course placement.

Trial work and probation periods are allowed — but you MUST get paid the award wage for every hour you work.

If you’re doing work that provides value to the business — serving customers, making products, cleaning, data entry, social media posting, anything that contributes to their operations — you must be paid.

Legitimate Unpaid Work

There are only a few situations where unpaid work is legal:

• School/TAFE/University Work Placement – Organised through your educational institution, runs for a set period, relates to your studies, and you know from the start you won’t be paid.
• Volunteering – With genuine not-for-profit or community organisations (sporting clubs, charities, opportunity shops) where the purpose is helping the community, not making profit.

“The best way to avoid the unpaid trial work trap is to find out how much you will be paid per hour BEFORE you start.”

What To Do

Before You Start

• Ask directly: “Will I be paid for this trial shift?”
• If yes, confirm it will be at least the award wage — look up your industry’s award rate online
• Get the details in writing via text or email if possible
• If they say you won’t be paid, politely but firmly explain you’re entitled to be paid for any work you do

If You Worked Unpaid

• Keep records: dates, hours worked, what you did, any messages with the employer
• Contact your union — we can help you recover wages
• Talk to your parents, teachers, or trusted adults about what happened
• Share your experience to warn others

Get Help Now

You have rights. Unions can help you enforce them.

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