Is unpaid work legal in Australia?

There are some unpaid work arrangements that are lawful and some that are not. Whether an unpaid work arrangement is lawful or not depends upon the nature of the arrangement. Often lawful unpaid work arrangements entered into include:

• vocational placements;
• unpaid internships;
• unpaid work experience; and
• unpaid work trials.

Depending upon the nature of the arrangement, a person doing the work may actually be an employee and be entitled to the minimum rate of pay (for the relevant type of work) and any other minimum employment entitlements. Whether or not the arrangement is lawful or not, depends upon:

• whether an employment relationship exists; or
• whether the arrangement involves a vocational placement.