Are unpaid trial shifts legal in Australia?

A brief, genuine demonstration of your skills, done under direct supervision, can be a lawful unpaid trial. The Fair Work Ombudsman says it should only last as long as needed to assess whether you can do the job — usually a short period. As soon as you do productive work that benefits the business, work unsupervised, or are asked back for more shifts, you are an employee and must be paid at least the applicable minimum or award rate.

How long can an unpaid trial last?

There is no fixed legal limit, but the trial should only be as long as it takes to demonstrate the skills for the role. For most hospitality and retail jobs that is well under an hour. A trial that runs for several hours, across a whole shift, or across multiple days is very unlikely to be a genuine unpaid trial — it points to paid work.

What can I do if I wasn't paid for a trial shift?

Write down the date, the business, how long you were there and what you did. Raise it politely with the business first — many will pay once it's pointed out. If they won't, you can put the request in writing using an underpayment claim, or contact the Fair Work Ombudsman on 13 13 94 (fairwork.gov.au). Most underpayment claims can be made within 6 years.

Unpaid Trial Shift — Were You Owed Pay? (Australia)

Quick guide. A short, genuine, supervised demonstration of your skills can be a lawful unpaid trial. The moment you do real, productive work that benefits the business — especially unsupervised, across multiple shifts, or for hours on end — you are working and you should be paid. This tool gives general information, not legal advice.

How long was the trial?

Under 30 minutes30 minutes – 2 hours2 – 4 hoursMore than 4 hours

What actually happened?

I was directly supervised the whole timeI did productive work that benefited the business (served customers, cooked, sold, cleaned the floor for trading)I was left to work alone or run a station on my ownIt ran across more than one shift or day

Your hourly rate

We default to the National Minimum Wage of $26.44/hr (Fair Work Commission). If your award or agreement rate is higher, enter it for a closer estimate.

Hourly rate ($)

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Send your details to Liquid Employment Lawyers

Liquid Employment Lawyers is a paid legal service and our referral partner, not free Fair Work advice. FairWork Mate may receive a referral fee from Liquid Legal. Tell them what has happened and a member of their team will call you back. For free general guidance, use our tools or call the Fair Work Ombudsman on 13 13 94.

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Unpaid Trial Shift — Were You Owed Pay?

How long was the trial?

What actually happened?

Your hourly rate

Is the figure right for you?

Send your details to Liquid Employment Lawyers

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