Is an unpaid trial shift legal in Australia?

The Fair Work Ombudsman (FWO) defines an unpaid work trial as “a demonstration by someone working under supervision to show they have the skills for the job”. That’s a narrow idea. It isn’t a free shift, and it isn’t a week of unpaid training.

When an unpaid trial can be lawful

• It’s necessary to show you have the skills for the job.
• It lasts only as long as needed: depending on the job, from one hour up to one shift.
• It’s a demonstration of skills directly related to the job, and nothing more.
• You’re under direct supervision for the whole trial.

If any of these is missing, the trial may be unlawful. Any time beyond what’s reasonably needed to demonstrate your skills must be paid at the appropriate minimum rate. If an employer wants to assess you further, the FWO says they can employ you as a casual or on probation and pay you for all hours worked.

Two examples from the Fair Work Ombudsman

• Likely fineA short trial at a panel beatersAfter an interview, and with the trial explained and agreed in advance, an applicant follows a tradesperson and shows safe work and correct tool use. Short and reasonable: no payment required.
• Should be paidA “free first week” at a caféA barista is told the first week is unpaid and to find a replacement if they can’t come in. That’s an employment relationship: all hours must be paid.

If your trial is paid

A paid trial shift is usually a casual engagement. From the first full pay period on or after 1 July 2026, the national minimum wage is A$26.44 an hour. Casuals get a 25% loading on top; for casuals not covered by an award or agreement, the FWO puts the minimum at A$33.05 an hour. If an award covers the job, its rate applies (award rates rose 4.75% from July 2026), and some awards set a minimum number of hours per engagement.

Wage theft is now a crime

Since 1 January 2025, intentionally underpaying wages or entitlements, including super, is a criminal offence. Honest mistakes aren’t covered. Small businesses with fewer than 15 employees that follow the Voluntary Small Business Wage Compliance Code won’t be referred for prosecution.

What to do

1. Before the trial, ask how long it is, what you’ll do and whether it’s paid.
2. Keep a record of the date, times, tasks and who supervised you.
3. If you worked beyond a short demonstration, ask to be paid for those hours.
4. Contact the Fair Work Ombudsman for help.