Thinking about bringing in an intern or student to help out in your business? On paper, getting an extra set of hands in exchange for offering industry experience sounds like a win-win.
Before you bring someone on board, it’s crucial to make sure you’re staying on the right side of Fair Work rules.
Fairwork says:
Some unpaid work arrangements are lawful and others are not. Depending on the nature of the arrangement, the person doing the work may be an employee and be entitled to be paid the legal minimum rate of pay for the type of work they’re doing, along with other minimum employment entitlements.
A vocational placement is a formal work experience arrangement that is part of an education or training course. Vocational placements can give students important skills to help them transition successfully from study to work, while giving industry and business the opportunity to enrich student learning experiences and increase the number of work-ready graduates.
Vocational placements that meet the definition under the FW Act are lawfully unpaid, regardless of whether an employment relationship exists or not.
The person doing the work should get the main benefit from the arrangement. If the business is getting the main benefit, it’s more likely the person is an employee.
Work that likely indicates the person is an employee is work that:
– a paid employee would usually do
– the business has to do as part of its day-to-day operations.
Here is a link to fairwork to get more info and keep yourself on the right side of the law, get someone to grab you a coffee and read through the fine print.
Fairwork: Work experience & internships
