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IR perspectives - Autumn 2008

Don't work free: jobseekers warned to report unfair work practices

Job seekers have been warned that job offers that require them to work unpaid trial shifts are not legal and the employers concerned should be reported.

Queensland's state industrial relations laws do not allow workers to be hired without being paid a minimum rate of pay and a range of entitlements.

A recent case involved a Sunshine Coast woman who was required to perform four days unpaid part-time work as a training trial during which she was to be considered for employment at a nail salon. This was despite her existing qualifications and experience as a nail technician.

The woman performed the trial in the hope of continuing employment, but was then denied employment. Had the Queensland Workplace Rights Office not intervened this employer would have benefited from four days free work. After intervention by the Queensland Workplace Rights Office, the employer paid the woman for her work and the unlawful practice was reported to the federal Workplace Ombudsman for further investigation.

Any job offer involving working on an unpaid basis, either as a trial or to gain experience, is illegal.

Both federal and state laws provide minimum wages, regardless of the work that is performed.

Failure to pay a worker for their work could net the employer a fine of up to $15,000 regardless of whether the work is on a trial basis or not.

Young people are among the most at risk because their inexperience makes them a target for a small minority of unscrupulous employers.

Anyone entering or trying to re-enter the workforce should contact Wageline on 1300 369 945 or visit www.wageline.qld.gov.au for information on wages and conditions and provisions under the Industrial Relations Act 1999. You can also contact the Workplace Rights Hotline on 1300 737 841 or visit www.workplacerights.qld.gov.au for information on your workplace rights.

The Federal Government's industrial relations laws are similar to Queensland laws in that they also prohibit the non-payment of workers engaged on a "trial" or "work experience" basis.

You should contact the Federal Government’s Workplace Infoline on 1300 363 264 for information on wages, conditions and provisions under federal workplace laws.

The Queensland Government-funded Young Workers Advisory Service also offers information about matters affecting young workers, such as bullying and discrimination. Contact them on 1800 232 000.

Last updated: 11 April 2008

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