A trial should test a skill, not quietly fill a shift.
An employer may ask you to demonstrate a skill for a vacant role. Fair Work guidance says a brief unpaid trial can be lawful when it is necessary to test the relevant skill, lasts only as long as needed and remains under direct supervision.
Work that goes beyond a genuine demonstration, continues longer than reasonably necessary or mainly benefits the business may need to be paid at the appropriate rate.
- What exact skill will I demonstrate?
- How long will the trial run?
- Who will supervise me?
- Will I be paid, and if not, why is the trial unpaid?
Ask before you arrive.
Confirm the role, location, start and finish time, clothing or equipment, supervision and payment in writing. If the employer changes the arrangement after you arrive, ask again before continuing.
- Keep the message or email
- Do not provide unnecessary bank or identity details before an offer
- Leave if the environment feels unsafe
- Seek Fair Work guidance if the arrangement is unclear
Know the difference between a demonstration and productive work.
Making a small number of coffees under observation may demonstrate barista skill. Covering a busy service, cleaning, taking normal customer orders or working several unpaid shifts looks much more like productive work.
This guide is general information, not legal advice. Check the current Fair Work Ombudsman guidance for your situation.