Fair work and payment continues to be an issue in the hospitality industry. While the Fair Work Ombudsman (FWO) has recently been granted greater powers to protect vulnerable employees against unfair payment, another challenge is unpaid trials.
It is not unreasonable to check a potential employee’s skills to make sure they can do what they say they can do, and that they meet your business’s needs. However, there is line between a reasonable trial and unpaid work.
There are times when the line may not be clear, and the FWO outlines the differences on their website to help employers to not cross the line. As stated on their website, the following passage is a great reference:
“A brief work trial can be legally unpaid if it is necessary to evaluate someone's suitability for the job, and:
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it involves no more than a demonstration of the person's skills, where they are relevant to a vacant position -
it is only for as long as needed to demonstrate the skills required for the job. This will be dependent on the nature and complexity of the work, but could range from an hour to one shift -
the person is under direct supervision of the potential employer (or other appropriate individual) for the entire trial.”
Unfair treatment of staff is something Pinnacle People feels strongly against. It is not acceptable to treat people that way, and the consequences it has for the industry overall mean it is in our best interest to work together and prevent it from occurring. If you have any questions or doubts on the matter, we recommend referring to www.fairwork.gov.au