A café asks for an unpaid trial shift: when does it become paid work?

What makes an unpaid trial lawful

Under the national workplace system, an unpaid trial is lawful only when it is a genuine demonstration of skills needed for a vacant job, the demonstration is brief and directly supervised, and the tasks go no further than showing those skills. The Fair Work Ombudsman explains that a trial may become unlawful if it is not necessary to demonstrate the skills, if it lasts longer than actually needed (which can range from an hour to one shift depending on the work), if it involves more than a demonstration of skills directly relevant to the vacancy, or if you are not under direct supervision. Any time beyond what is reasonably needed for the demonstration must be paid at the appropriate minimum rate. The label "trial" in a job advertisement does not decide the issue; the actual tasks, duration and supervision do.

Questions to ask before you start

Before agreeing to an unpaid trial, ask the employer which specific skill you will demonstrate, who will supervise you, how long the demonstration is expected to take, and when paid work would begin if you are offered the job. Keep the job advertisement, the invitation to trial, and any messages about payment. If the request is vague, such as asking you to cover a busy service period, ask for clarification. Signing a form that says the trial is unpaid does not automatically make productive work lawful, and it does not remove your minimum wage entitlements if the work goes beyond a genuine demonstration.

What to record during the trial

During the trial, note the start and finish times, the tasks you performed, who supervised you, and whether you served customers or replaced regular staff. Keep relevant messages and any promise of payment. Record your own observations only; do not take customer data or confidential business records. The same invitation can raise different legal questions if what starts as a short demonstration turns into a full day of ordinary work, so your record should reflect what actually happened.

How to raise a pay dispute

If you believe the trial crossed into paid work, first ask the employer to explain the arrangement and the basis for not paying you, using your dated record of tasks and supervision. If the issue is not resolved, seek advice from the Fair Work Ombudsman or a local employment service, and bring the actual arrangement details. Keep the wage claim separate from any concern about the recruitment process. This guide cannot determine whether every unpaid placement is lawful, nor can it calculate pay without knowing the applicable award, classification, age where relevant, and hours actually worked.

Hypothetical illustration: the planned demonstration never occurs

Suppose a café invites you to a brief supervised coffee-making demonstration. On arrival, the usual barista is absent and you are instead asked to take orders and serve customers for four hours without direct supervision. Do not subtract a supposedly free first hour merely because the invitation called it a trial. Record what actually occurred throughout the four hours, and ask why ordinary unsupervised work was treated as unpaid. The planned demonstration and the actual shift are different arrangements.

Next steps if the issue is unresolved

If the employer does not provide a satisfactory explanation or payment, and you have already sought advice from the Fair Work Ombudsman or a local service, you may need to consider formal options. Before doing so, gather your records: the advertisement, the invitation, your dated task log, any messages about payment, and your pay slips if any. Ask a workplace relations professional or union to review whether the trial was lawful and what minimum rate applies. Do not copy company or customer secrets into your personal records; keep only your own observations and communications.

Need to take the next step?

More from this country