Types of work including unpaid trials - NSW Industrial Relations (2024)

Full-time work

Full-time work requires employees towork 38 hours per week and receive wages and other employment conditions identified in your award or agreement.

Full-time employeesmust receive paid annual leave andpaid personal carer's leave (sickleave).

Full-time employees may be paid allowances for doing certain tasks, overtime pay for working outside regular hours or penalty rates for working nights, weekends or public holidays.

For moreinformation regarding award rates of pay, contact the Fair Work Infoline on 13 13 94 or visit theFair Work Ombudsman.

The benefits of working full-time

Some of the benefits of full-time employment include:

  • access to paid leave (personal carer's leave, holiday etc.)
  • a guarantee of regular and rostered weekly hours that should not be altered without notice
  • a guarantee of weekly earnings that allows for budgeting and access to loans from financial institutions
  • access to minimum notice requirements for termination, redundancy, change of rostered hours etc.

Part-time work

Part-time employees work a regular number of hours each week, although less than full-time employees.

Part-time employees generally receive the flat hourly equivalent of the normal full-time rate and all, or most, of the benefits of a full-time employee - but on a proportional or 'pro-rata' basis.

'Pro-rata' entitlements

  • Annual leave – a part-time employee still receives four weeks annual leave per year but it is paid based on their part-time weekly wage
  • Annual leave ontermination of employment– if a part-time employee stops working in a job and has not taken all their annual leave or has not completed a full 12 months of employment, they are due a proportionate amount of annual leave when finishing
  • Personal Carer's leave - a part-time employee will receivePersonal Carer's leave (sick leave)leave entitlements on a proportional basis (e.g. if the employee works 3 days a week they will receive 3/5 of the full-time sick leave entitlement).

The benefits of working part-time

Some of the benefits of part-time employment include:

  • access to paid leave (personal carer's leave, annual etc.) within pre-determined minimum entitlements
  • a guarantee of regular and rostered weekly hours that should not be altered without notice
  • a guarantee of weekly earnings that allow for budgeting and access to loans from financial institutions
  • access to minimum notice requirements for termination, redundancy, change of rostered hours etc.

Casual work

Casual jobs are normally paid on an hourly or daily rate.

As well as offering flexibility, casual work also usually pays a higher hourly rate because you receive an extra payment or loading on top of the basic hourly rate. This is to make up for not receiving the other benefits paid to permanent workers, such aspersonal carer'sleave (sick leave).

Casuals employees working under certain awards must be paid a minimum number of hours a day. This is called a minimum engagement.Your boss can not pay you for fewer hours that this minimum.

Disadvantages of casual employment

While casual workers do get flexibility and normally an extra loading on the basic rate of pay, there are some disadvantages to casual work that you should be aware of.

Generally, as a casual worker you won't have:

  • access to paid personal carer's leave (sick leave), public holidays or annual leave.
  • a guarantee of regular hours to be worked
  • a requirement to be given a roster or to receive notice of roster changes
  • the guarantee of a regular income - so it can be difficult to budget and this can limit your access to arranging personal finance and a loan or taking a holiday
  • any notice of termination period or access to redundancy entitlements
  • limited access to on-the-job training, career development and workplace information.

Unpaid trial work

Most job offers are made after an interview.

When offered a job you may be asked to work for a trial or probation period. This is so that you and your employer can see if you can do the job and that you get along. Your employer must tell you how long the probation or trial period will be (it can only be for a maximum of three months).

You must be paid for any training your employer requires you to do and they must pay for the cost of the training course.You must receive payment for any work you do.

Short work trial

An employer may get you to complete a short work trial. This could be because they want to have an opportunity to see how more than one applicant fits in with their business.

This is a valid arrangement but they must pay everyone who completes the short work trial.

While you are completing this short work trial, you should be employed as a casual and you must be paid for a specific number of hours of work, known as the 'minimum engagement'. This can range from1.5 to 4 hours depending on the award that applies to the job you are doing.

*Being asked to demonstrate your ability to do a job during or after an interview may not be deemed paid work. For example being asked to make a latte when applying for a barista role is not paid work.

Unpaid trial work is illegal

There is no such thing as 'unpaid trial work'. It is illegal for your employer not to pay you for any work that you do, even if it is only for a small number of hours (see minimum engagement above).

Contact the Fair Work Infoline on 13 13 94 and let themknow if this happens to you.

If you do not receive payment for the work trial,Fair Workcan take steps to recover the payment from the employer. However, it is important that you obtain some evidence of your unpaid work trial - this could be:

  • acopy of the advertisem*nt (print or electronic) for the job
  • any correspondence (written or electronic) that you have received from the business about your appointment for trial work
  • names and phone numbers of witnesses who would be able to confirm that you were at the workplace at the time and date indicated. (This could be someone from another business who you may have had contact with during the trial work period)
  • photographic evidence.
  • diary record of the trial work.

Unpaid trial work should not be confused with unpaid schoolwork experienceprograms.

Handy tip

If you don't get anything in writing from a potential employer confirming they have asked you to complete a short work trial, send them a letter, email or text message stating your acceptance to work the trial and set out the arrangements- date you will do the trial, start and finish time. This can be used to support any claim for wages you may make later if you don't get paid!

More information on award rates and conditions

To check the rates and conditions of awards contact Fair Work Ombudsmanon 13 13 94.

Types of work including unpaid trials - NSW Industrial Relations (2024)

FAQs

Types of work including unpaid trials - NSW Industrial Relations? ›

Unpaid trial work is illegal

Are unpaid work trials legal in Australia? ›

A brief work trial can be legally unpaid if it is necessary to evaluate someone's suitability for the job, and: it involves no more than a demonstration of the person's skills, where they are relevant to a vacant position. it is only for as long as needed to demonstrate the skills required for the job.

What are the responsibilities of NSW Industrial Relations? ›

About NSW Industrial Relations

NSW IR promotes compliance with industrial legislation by: providing information, advice and assistance relating to industrial entitlements. undertaking industrial inspections and industry targeted campaigns. where necessary, prosecuting breaches of industrial law.

Are working trials paid? ›

A work trial is a short (often unpaid) stint in the workplace. Work trials give you a chance to demonstrate your skills and suitability for the position. A work trial can be unpaid if it is for just long enough to show you have the skills to do the job.

What is a trial work period called? ›

The Social Security Disability Insurance (SSDI) Trial Work Period (TWP) is a nine-month window provided by the Social Security Administration (SSA) to SSDI recipients. Its purpose is to offer people with disabilities the chance to assess their ability to work without jeopardizing their SSDI benefits.

What is an example of unpaid work? ›

Unpaid care work includes caring for children, elderly and sick peo- ple. It also includes washing, cook- ing, shopping cleaning and helping other families with their chores. Unpaid work includes food, fuel and water collection and other energy provision, informal unpaid work, family labour in agriculture, etc.

How does unpaid leave work Australia? ›

Most unpaid leave doesn't count towards an employee's service, even if it has been agreed to by the employer. This means most unpaid leave doesn't count when calculating most accumulated entitlements such as paid leave. Some exceptions are outlined below.

What is the job description of industrial relations? ›

The Industrial Relations Manager is responsible for managing and maintaining positive employee relations within an organization. They play a crucial role in promoting a harmonious work environment by addressing employee concerns, handling labor disputes, and ensuring compliance with labor laws and regulations.

What is work in industrial relations? ›

“Industrial Relations” refers to all types of relations between employers and workers, be they at national, regional or company level; and to all dealings with social and economic issues, such as wage setting, working time and working conditions.

What is the industrial relations system in Australia? ›

The national workplace relations system is a collection of legislation that applies to most employees and employers in Australia. It includes the Fair Work Act 2009, the National Employment Standards, registered agreements and awards.

What are the benefits of trial work? ›

Showcasing skills and capabilities

Job trials offer new candidates the opportunity to create a stellar first impression and showcase their knowledge directly to a prospective employer. It ensures that you are only picking the best and the brightest, eliminating the possibility of lost potential.

Are unpaid trial shifts legal in the US? ›

A trial shift can legally be unpaid when it is needed to assess the suitability of a candidate for an available role. However there are specific criteria that must be met in order for this trial to be considered a genuine unpaid skills demonstration.

What is a job trial called? ›

A new hire probationary period at work is a short period of time — usually lasting between one and three months — where employers assess new employees for professional qualities like work ethic, adaptability, cultural fit, and attitude before offering them a permanent role.

What is an example of a trial work period? ›

For example, if you began your TWP in 2022 and earned $1,500 in January and $800 in February, you would have used 1 of your 9 TWP "service months." If you start your TWP as a self-employed person, any month you earn $970 or work more than 80 hours, that month will count as one of your TWP "service months."

How much can I make during a trial work period? ›

During your TWP, it doesn't matter how much you make at work; you still get your full SSDI benefits. The TWP ends when you use nine Trial Work months within five years. Each month your gross earnings (earnings before taxes) are over the Trial Work level ($1,110 in 2024) is called a Trial Work month.

What is a trial run for a job? ›

A job trial is a brief period of time in which a candidate completes an assignment or role for a company before human resources (HR) offers them a permanent position. This allows a hiring manager to determine how well the employee performs in the position and whether they can meet the responsibilities of the job.

Is unpaid training legal in Australia? ›

Unpaid trial work is illegal

It is illegal for your employer not to pay you for any work that you do, even if it is only for a small number of hours (see minimum engagement above). Contact the Fair Work Infoline on 13 13 94 and let them know if this happens to you.

Are unpaid internships illegal in Australia? ›

Sometimes these placements might be arranged via existing relationships with universities, and some might be advertised directly. Under Australian law, unpaid internships are only lawful when: The intern is not performing “productive” tasks; and. The placement benefits the individual more than the organisation.

Is it illegal to underpay employees in Australia? ›

Employers found to be deliberately stealing from their workers can be prosecuted with a crime and sentenced to up to 10 years in jail. Underpayments brought on by an honest mistake or delay cannot attract criminal penalties.

Can you get paid for clinical trials in Australia? ›

Located within Melbourne's Alfred Research Alliance medical precinct, our 94-bed inpatient clinic (formerly known as the Centre for Clinical Studies) is Australia's largest Phase 1 clinical trial facility. We have a variety of paid clinical trials in Melbourne, ranging in duration from two days to a whole month.

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