Speak Out April 2019

in practice

The unpaid work trial Is it legal?

RECRUITMENT & WORKPLACE REGULATIONS Some organisations, as part of their recruitment and selection process, will require an applicant to be able to demonstrate specific skills in the workplace. This requirement is meant to assist an organisation in making a final decision of whether to proceed with an application and make an offer of employment. Sounds simple? Well, not necessarily. A number of clauses of the Fair Work Act are not always precisely defined and are open to interpretation, such as an “unpaid work trial”. It is critical for an organisation to minimise its risks by clearly understanding what constitutes an appropriate work trial and when it may be construed as paid work. Unpaid work An unpaid work trial is acceptable when it involves no more than a demonstration of the person’s skills, where they are directly relevant to a vacant position. The trial should only be for as long as needed to demonstrate the skills required for the job and is dependent on the nature and complexity of the work. Generally, the accepted length of an unpaid trial is anywhere from one hour to one shift. It is also a prerequisite that the person doing the trial is under direct supervision for the entire trial. If the skills they are demonstrating are an activity that benefits the organisation or that a paid staff member would ordinarily be doing, then it should be a paid trial period. Student placements In order for a vocational placement to be lawfully unpaid under the

For the full criteria, visit Fairwork’s information about student placements at: www.fairwork.gov.au/pay/unpaid-work/ student-placements

Internships and work experience In Australia, unpaid internships are not legal.

The Fairwork Ombudsman considers unpaid work experience and internships that are not vocational placements to be unlawful if the person is in an employment relationship with the business or organisation they are doing the work for. See WorkPlacePLUS’s information about internships and work experience at: www.workplaceplus.com.au/single- post/2018/11/19/Internships-Work-Experience In your speech pathology private practice, you could lawfully allow an unpaid “volunteer” to sit in and observe your workplace activities as part of their work experience or learning. However, the duration of unpaid time should be minimal, and they would not be allowed to perform any work activities that an employee would normally do. Manage your risk If you require an applicant to do an unpaid trial as part of your recruitment and selection process, make sure the trial period is clearly defined and does not require you to pay wages. The Fair Work Ombudsman website provides further information to help employers better understand the rules of unpaid work. For further information and support, Speech Pathology Australia members can contact WorkPlacePLUS on 0419 533 434 or visit WorkPlacePLUS.com.au.

Anna Pannuzzo Director, WorkPlacePLUS

Fair Work Act, it must meet a range of strict criteria. The vocational placement must be a requirement of a Government approved education or training course.

Music and speech pathology Music and speech pathology: The benefits of using music and working with Neurologic Music Therapists Time: 9.30am-4.30pm Date: Friday 10 May 2019 Fee: $250 Rural Professional/Student Fee: $150 Location: Rydges Sydney Central (near Central Station), 28 Albion St, Surrey Hills 2010 info@apexability.com/www.apexability.com

Are you a health professional who works with children with brain tumour and/or leukaemia? We need your help to complete a survey about communication and swallowing. If you are interested in participating, please contact Dr Kimberley Docking kimberley.docking@sydney.edu.au

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April 2019 www.speechpathologyaustralia.org.au

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