Trial Work

Trial work should almost always be paid. If you aren’t sure whether your trial work should be paid, you can contact us on 1800 953 673 (8.30am – 4.30pm) or as us a question here. 

When you are offered a job, you may be asked to work for a trial period, or for the first few months you may be asked to work a probationary period.  

Probationary periods generally range from three to six months.  However, regardless of the length of the probationary period, your employer should tell you how long the probationary period is before you start work. This will usually be set out in an employment contract.  

Do I get paid for trial work? 

YES. 

You must be paid for any trial work you do. This includes the training your employer requires you to complete. Your employer must also pay for the cost of any training courses that you complete while on the trial period.   

Trial work should almost always be paid (with very limited exceptions). An example of an exception is where the trial is to allow the employee to demonstrate their skills relevant to the position – and only for as long as necessary to demonstrate the skills for the job. This might range from an hour to one shift. Except in those limited circumstances, it is generally against the law for your employer to refuse to pay you, even if you only worked for a small number of hours.   

If you don’t have anything in writing showing that you will be doing trial work, it is a good idea to send your employer a letter, email or text message, saying that you agree to do the trial work and setting out the details of the date, time and place of the work and how much you will be paid. This will help you if you don’t get paid for doing trial work. 

For more information about how much you should be paid, you can visit our pay issues page. 

School work experience 

If you are participating in a school work experience program, vocational placement (for example being organised through your training provider for work experience) or volunteering, you do not have to be paid. 

You can read more about other types of unpaid work here. 

What if I am not paid for my trial? 

Talk to your employer  

If you feel comfortable, you can contact your employer directly about payment for your trial work. Before contacting your employer, you can calculate how much you think you should be paid using the Fair Work Ombudsman’s Pay and Conditions Tool or visit our page on pay issues here. 

Get free and confidential legal advice  

If you don’t feel comfortable contacting your employer, or if you’re not sure what you’re entitled to, you can contact us for free and confidential legal advice here. 

Contact the Fair Work Ombudsman  

If you are not paid for trial work, you can also contact the Fair Work Ombudsman online, or call them between 8am – 5:30pm Monday to Friday on 13 13 94.  

It may be useful to have proof of the work you did.  For example: 

• a copy of the job advertisement; 
• any emails or letters sent by you or the employer about the trial work; and/or 
• contact details of witnesses who know that you worked on that day. 

Youth Law Australia would like to express thanks to Hall & Wilcox and the Fair Work Ombudsman for assisting us with the preparation of this material.