I've been asked to do an unpaid trial
Unpaid trial shifts in Australia — when they're legal (rarely), what the law says, and how to push back.
Are unpaid trial shifts legal?
In almost all cases, no. If you're doing productive work — serving customers, preparing food, stacking shelves, answering phones — you must be paid, even if it's called a 'trial.' The Fair Work Ombudsman has been clear: if the work benefits the business, it's not an unpaid trial. The only exception is a genuine demonstration of skills that is short (typically under an hour), observed, and doesn't involve productive work.
What counts as a legitimate unpaid trial
A genuine unpaid trial might involve a brief skills assessment — like a chef preparing a dish that won't be served to customers, or a barista making a coffee while supervised. It should be no longer than necessary to assess your skills (usually under an hour), shouldn't generate revenue for the business, and should be closely supervised. If you're put on the floor serving customers for a 4-hour 'trial shift,' that's paid work.
Why this matters
Unpaid trials are wage theft. Some employers use them to get free labour with no intention of hiring. Others don't realise they're breaking the law. Either way, you're entitled to be paid for every hour of productive work at the correct award rate — including casual loading if you're engaged as a casual. The employer is also required to pay super on trial shifts.
How to push back
If you're asked to do an unpaid trial, you can say: 'I'm happy to do a trial shift — can you confirm I'll be paid at the award rate for those hours?' Most employers will agree once they realise you know your rights. If they refuse and still want free work, that's a red flag about how they treat their staff. Put your request in writing (text or email) so you have a record.
If you've already done an unpaid trial
You can still recover the money you're owed. Contact the employer in writing and request payment for the hours worked. If they refuse, lodge a complaint with the Fair Work Ombudsman. You can claim back pay for up to 6 years. The FWO investigates these complaints and can compel the employer to pay. Keep any texts, emails, or rosters that show when you worked.
Know the signs of exploitation
Be wary if: the trial is longer than 2-3 hours, you're doing the same work as paid staff, the employer says 'everyone does a trial first,' there's no clear assessment criteria, or you're left unsupervised. Legitimate employers pay for trial shifts. If a business can't afford to pay you for a few hours of trial work, they probably can't afford to pay you properly as an employee either.
Official resources
General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.