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Trial shifts play a vital role in Australia’s hospitality, retail, and services sectors. They offer businesses a way to assess new staff and give candidates a chance to learn about the workplace before making long-term commitments. But as useful as trial shifts are, the question of whether – and how – employers must pay for them can be confusing. If you’re an employer or small business owner navigating staff trials, getting this right is absolutely essential for legal compliance and for building a reputation as a fair workplace.
You might be wondering: Do you get paid for a trial shift in Australia? How long should a trial shift be? What if you’re based in QLD or NSW, are the rules different? In this guide, we’ll answer these common questions and provide clear guidance on trial shift pay Australia – including the key rules under Fair Work, best practices for paid work trials, and the legal consequences of getting it wrong.
Successfully hiring staff is a big step in your business journey. By understanding your obligations around trial shifts, you can attract great talent, avoid accidental wage theft, and stay focused on building your business the right way. Read on to make sure your employment practices are up to scratch – and remember, Sprintlaw is always here to help you set up strong workplace foundations.
What Is a Trial Shift and Why Are They Used?
A trial shift is a short period of work where a job candidate performs tasks as part of the hiring process. Usually found in cafes, restaurants, hospitality venues, and some retail stores, trial shifts allow the employer to observe the candidate’s skills “on the job” and help the candidate decide if the role is right for them.
Unlike a formal probationary period (which applies after hiring), a trial shift typically lasts just a few hours. But while it’s a common practice, it’s crucial to remember that even a brief stint can have legal implications – particularly around payment and employment rights.
Do You Need to Pay for a Trial Shift in Australia?
In almost every situation, yes – employers must pay for a trial shift in Australia. According to the Fair Work Act 2009 (Cth) and the Australian Consumer Law (ACL), staff must be paid if they’re performing productive work during a work trial or trial shift. Let’s break down what this means in practice:
- Productive Work = Paid Work: If the candidate is providing any productive value (serving customers, making coffee, using the till, cleaning, cooking, or any activity that benefits your business), you are required to pay at least the minimum rate for those hours. This is the case even if they’re “just on trial”.
- Short Observation May Be Unpaid: The only exception is if the trial is purely to observe if the candidate can do the work – i.e., a very brief skill test with no significant benefit to your business, usually lasting less than an hour. If your trial shift has the person actually doing your staff’s usual tasks, payment is required.
- Unpaid Trials Are High Risk: Unpaid trials of any significant length are likely illegal. “Working for free to prove yourself” is not compliant with employment law in Australia. This applies in NSW, QLD, Victoria and across all states. (For more, see Award Pay Rates Guide).
What Does Fair Work Say About Trial Shift Pay?
The Fair Work Ombudsman makes it clear: unpaid work trials are only permissible when they are strictly necessary to demonstrate the person’s skills relevant to the job – and even then, they should be no longer than needed. In most hospitality and services roles, this is 1 hour or less and strictly observation-based.
If a candidate is asked to:
- Serve real customers
- Handle cash or EFTPOS transactions
- Make coffee, cook food, or operate equipment
- Clean, stock, or perform other tasks your normal employees do
then they must be paid for every hour worked, at the appropriate award or minimum wage rate.
How Long Is a Trial Shift in Australia?
Under Australian law, a trial shift should only last as long as required to demonstrate the skills needed for the job. In practice, this usually means:
- For waiter, barista or shop attendant roles: 1 to 2 hours maximum
- Observational skill test only (e.g., can you make a coffee? can you use the POS?): under one hour, and generally unpaid is acceptable if no value is gained by the business
- Anything beyond a brief skill demonstration (covering a shift, working as part of the roster, or “trying out” for half a day or longer): must be paid.
If you ask a candidate to stay for several hours – and they’re performing work, not just being observed – you have an obligation to pay them just as you would a regular employee for those hours.
Is Trial Shift Pay Different in QLD, NSW, or Other States?
Employment law around trial shift pay is national – meaning Fair Work regulations apply throughout Australia, including Queensland, New South Wales, Victoria, Western Australia, and elsewhere. Individual state differences may exist only if extra local entitlements or protections are in place, but the obligation to pay for productive work in a trial is universal.
If you’re operating in QLD, for example, do you get paid for trial shifts in QLD? The answer is the same as anywhere else in Australia: unless the work trial is strictly an observation of minimal duration, you must pay at least the minimum wage for all hours worked. The same applies in NSW (more on trial shifts and pay here).
What Are the Risks of Unpaid Trial Shifts?
Running unpaid trial shifts can have serious consequences for your business. Risks include:
- Wage Theft Claims: Employees can lodge complaints with the Fair Work Ombudsman for underpayment, leading to investigations, penalties, and backpay orders. Recent legal changes in Victoria and other states have made wage theft a criminal offence (see Wage Theft Is Now a Crime).
- Reputational Damage: Failing to pay even for short trial work can spread quickly via social media or employment review sites, harming your ability to attract good staff.
- Penalties and Fines: There are significant penalties for breaching minimum pay laws, even for a single unpaid shift. Courts do not look kindly on businesses that exploit “free” labour, even if it was unintentional.
- Losing Top Candidates: Ethical and professional candidates may walk away from businesses offering unpaid trials, preferring those that value their time and skills.
What About “Work Experience” or Volunteering?
In a business context, “work experience” or “volunteering” can only be unpaid if:
- The candidate is a genuine volunteer (no expectation of pay and not replacing paid staff), or
- The trial is part of an educational program with a registered training provider.
If the person is filling a paid role and providing real benefit to your business (e.g., serving customers during a rush), then they must be paid according to law, regardless of what you choose to call the arrangement.
How Should You Pay for Trial Shifts?
If your business uses trial shifts, you must:
- Pay the person at least the minimum award rate for the hours worked, including penalty rates or loadings that would apply.
- Provide a payslip, just as you would for any employee or casual staff member.
- Record the shift in your payroll and time-keeping system (this can be a basic timesheet).
Some businesses attempt to pay under the table or offer “cash in hand” for trials to avoid paperwork. This practice is both illegal and risky – it’s far safer to follow proper payroll procedures, even for a single trial shift.
Setting Up Paid Work Trials Properly
It’s absolutely possible to assess candidates fairly and legally – and a well-run, compliant paid work trial benefits everyone. Here’s how to do it right:
- Communicate Clearly: Let the candidate know in writing the date, time, expected duration, and rate of pay for the trial shift.
- Limit the Length: Only make the trial as long as needed to assess their skills (usually 1–2 hours) unless your award permits longer paid training shifts.
- Offer Feedback: At the end, pay promptly and give feedback, even if you don’t offer the job.
- Issue a Simple Employment Agreement or Confirmation: Even for a trial, provide the candidate with brief written terms that state the arrangement, rate, and compliance with Fair Work. You can use a basic employment contract template for this purpose (see our guide to employment contracts).
To further reduce risk, review your hiring process and trial shift templates with a legal expert. This shows due diligence and helps ensure ongoing compliance.
What Legal Documents Should Employers Have in Place?
Having the right legal documents in place protects your business during recruitment and everyday operation. Consider these essentials:
- Employment Contract: Sets out terms and conditions of employment, including pay, work hours, and expectations. This applies even for casual and short-term staff.
- Fair Work Information Statement: A required document you must give to every new staff member, outlining their workplace rights. More on this in our Fair Work Information Statement Guide.
- Workplace Policy or Staff Handbook: Sets standards around conduct, health and safety, dress code, and your approach to pay and work trials (see Workplace Policy & Staff Handbook).
- Privacy Policy: If you collect personal data from candidates during recruitment, you may require a Privacy Policy.
- Payslips and Payroll Records: It’s a legal obligation to maintain clear payroll records and provide payslips (see our article on how to make a payslip).
Not every small business needs complex legal documents, but getting the foundations right now can protect you down the line – especially if a dispute or investigation arises.
Staying Compliant With Award Rates and Fair Work
The correct rate for trial shift pay will be set by the applicable Modern Award or National Minimum Wage. Most hospitality, retail, and services roles will fall under one of these awards. To ensure compliance:
- Check the award coverage for the role via the Fair Work website or speak to a contract lawyer.
- Pay all penalty rates, casual loading, and overtime (if the trial exceeds standard hours).
- Keep records of hours worked, pay, and deductions, just as you would for ongoing employees.
If you’re unsure of the correct pay rate, seek guidance early. Weekend and penalty rates can be especially complex and are a frequent source of underpayment risk in short-term trials.
What If You Accidentally Run an Unpaid Trial?
Mistakes happen, especially for new business owners unfamiliar with employment law. If you realise you haven’t paid a trial shift appropriately:
- Act quickly to rectify the situation – contact the individual, pay the correct rate including any penalty rates, and issue a payslip.
- Review your hiring process and update your documents (job ads, trial shift policies, contracts) to make sure it doesn’t happen again.
- If you receive a complaint or Fair Work contacts you, cooperate fully and demonstrate your proactive steps to fix the process and educate yourself.
Rectifying mistakes is not just the right thing to do; it can also minimise penalties and help maintain a positive workplace culture and reputation.
Alternative Hiring Paths: What About Probation and Other Options?
Instead of extended or multiple trial shifts, many businesses use a probationary period – a formal phase after hiring, covered by a written contract, where you and the new employee “trial” the fit over several weeks or months. Probation is a formal employment period, with full pay and all legal protections.
If you’re not sure whether a candidate is ready for a formal offer, a single brief, paid trial shift is best practice. For ongoing assessment, move to a probation period and ensure all relevant contracts and Fair Work requirements are met.
Key Takeaways
- Trial shifts in Australia must be paid if the candidate performs productive work – unpaid “free” trials are rarely lawful.
- There is no distinction between states: QLD, NSW, VIC, and others all follow the same national rules under Fair Work.
- Always pay at least the applicable award or minimum wage for any productive trial hours and issue a payslip.
- Unpaid trials can lead to wage theft claims, fines, and reputational damage – avoid them to protect your business.
- Set up a clear process for paid work trials including short duration, clear communication, and proper documentation.
- The right legal documents, pay records, and employment contracts are vital for compliance and risk prevention.
- If in doubt, seek advice from legal experts or the Fair Work Ombudsman before running trial shifts.
If you’d like a consultation on setting up your employment and trial shift process for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
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