News

rss
Do I need to pay a person while they're on a work trial?

Do I need to pay a person while they're on a work trial?

Sometimes the best way to assess suitability is to allow the person to actually do the work required by the role. A work trial gives you the opportunity to accurately evaluate the skills a person claims to have against those required by the role.

However, if you decide to undertake a work trial, you must pay the person for the work they perform during the trial. The only exception is where “work experience” is part of a coordinated and recognised work program conducted through an educational institution.

You can certainly show a person around the office and introduce them to other employees. But if they do any work at all, you must pay them. Modern awards don’t distinguish between a work trial and a permanent or casual employee. Therefore, you must pay a person on a work trial (even if it’s only for a few hours) the rates and allowances set out in the modern award that would apply to them in the relevant role.

If you aren’t satisfied with a person’s performance during the work trial, you can terminate their employment without the risk of an unfair dismissal claim (provided they haven’t completed a minimum employment period that qualifies them for protection against unfair dismissal).

 



Comments are closed.

About REEF

The Real Estate Employers' Federation is the real estate industry’s leading not-for-profit employer and workplace relations advisory association. It has more than 1600 members and subscribers across Australia.

Each year, REEF receives more than 18,000 calls from real estate employers needing help and guidance on matters affecting the employment relationship.

Contact us

  •  Level 6, 99 Bathurst Street,
     Sydney  NSW   2000
           Australia

  •   1300 616 170

  •   02 9261 2622

  •   admin@reef.org.au

Our partners