A skills test at a job interview is lawful when it is a short, supervised way to show you can do the work, and it becomes unpaid work when you are doing the job instead. Fair Work in Australia and Employment New Zealand both draw that line, and the best way to stay on the right side of it is to ask five plain questions before you pick up the knife, the spanner or the clippers.
What a skills test is allowed to look like
Fair Work describes an unpaid work trial as a demonstration by someone working under supervision to show they have the skills for the job. It must not go longer than is needed to show those skills. Fair Work says the right length depends on the nature and complexity of the work and could range from an hour to one shift.
The same page lists when an unpaid trial can be unlawful: when it isn't necessary to show the skills, when it lasts longer than needed, when it involves more than a demonstration of relevant skills, or when the person is not under direct supervision. Read the full list on Fair Work's unpaid trials page.
New Zealand gives one very concrete example. Employment New Zealand says it is acceptable to ask a barista applicant to make 2 or 3 coffees as an interview task, but working a whole shift, or even a few hours, would likely be considered employment. Its pre-employment trials page has the detail.
Australia and New Zealand side by side
| Question | Australia (Fair Work) | New Zealand (Employment New Zealand) |
|---|---|---|
| What is allowed? | A supervised demonstration of the skills the job needs | A short interview task, such as 2 or 3 coffees for a barista |
| How long? | No longer than needed; could range from an hour to one shift | A whole shift, or even a few hours, would likely be employment |
| What goes wrong? | Not necessary, too long, more than a demonstration, or no direct supervision | The task turns into doing the job |
| Time beyond the test | Any period beyond what is reasonably required must be paid at the appropriate minimum rate | Time that counts as employment is paid employment |
The last row on the New Zealand side is our plain-English reading of the same page: once the task counts as employment, the usual employee rights follow.
Five questions to ask before you start the test
You do not need to be confrontational. These are normal questions, and an employer who runs a fair test will have easy answers.
- What exactly will I be asked to do? A named task, such as one dish, one cut or one joint, is a demonstration. "Join the team for the day" is not.
- How long will it take? Compare the answer with the work. Fair Work says the time must not go longer than needed to show the skills.
- Who will watch me? Direct supervision is part of Fair Work's description of a trial.
- Is it paid? If the answer is no, the first three answers matter even more.
- Will I be serving customers or producing stock that is sold? If so, you may be doing the job rather than showing you can do it. Fair Work's test is whether the activity goes beyond a demonstration of relevant skills.
Write the answers down in a message afterwards. A short email confirming "I understand the test is one dish, supervised, about an hour" is a calm way to keep a record.
How the line looks in different trades
These are examples of how the tests apply, not official rulings.
A kitchen may ask you to cook a single dish. If you are applying for a role like this head chef, sous chef or cook job in Melbourne, a cooking test is a normal part of hiring, and one dish is a very different thing from running a service. The same thinking applies to a bakery: showing a dough or a bake, as someone might for this baker job in Mackay, is a demonstration, while working a full night's production is not.
On a building site, a carpenter may be asked to complete one joint or read a plan. For something like this carpenter job in Cairns, a short task shows the skill, but days on the tools is work. In a salon, a barber or hairdresser may be asked to cut one model, as in this barber job in Tauranga. Cutting for paying clients all day is a different matter.
A test, a trial period and training are three different things
People mix these up, and the mix-up is where unpaid work hides.
- Skills test: before you are hired, short, supervised, a demonstration only.
- Trial period (New Zealand): after you are hired. It can be agreed only if it lasts no longer than 90 calendar days, the employee has not worked for the employer before, and it is at the start of employment. It must be in the employment agreement, and you must be paid. Read more in our guide to the 90-day trial period in New Zealand.
- Training: Fair Work says if an employee does training as part of their job they have to be paid for those hours, because time spent in training is time worked.
If a "training day" is offered before any contract exists, apply the same five questions. A probation period in Australia is also a different thing again; our probation period guide explains it.
If you are on a work visa pathway
Immigration New Zealand says everyone in New Zealand, including migrants, has the same minimum employment rights. Employment New Zealand also says Immigration New Zealand does not allow trial periods for migrant workers employed on an Accredited Employer Work Visa (AEWV). So an employer offering a "trial" to an AEWV worker should be able to explain exactly what they mean.
It also helps to know your rights before the call comes. Our guide to interview questions an employer cannot ask in Australia covers the other side of a fair interview.
Prepare so the test is short and strong
A well-prepared candidate shows skill faster, which keeps the test short. Practise the one task you would most likely be asked, say your steps out loud as you work, and have your tickets and references ready. If you want to rehearse the spoken part, InterviewTraining.ai lets you watch an interviewer ask a question on video, answer out loud, and get a score. It is practice only and is not linked to any employer or authority.
For the rest of the interview, see our job interview tips for Australia and New Zealand, and our guide to the STAR method for questions about something you have done. JobsAbroad UK also explains what tradespeople get asked about tickets and safety.
Common mistakes
- Agreeing to a "working interview" without asking how long. Ask the length and the task first.
- Treating the test as a favour. If it runs past what is needed to show your skills, the time beyond that must be paid.
- Mixing up a test with a paid trial period. They are different, and only one of them comes with a contract.
- Staying quiet about a bad feeling. A polite question usually clears it up, and a vague answer is information too.
- Skipping the written record. A short message confirming what was agreed protects you later.
Whatever the outcome, remember that a job offer is a separate step. Before you sign anything, our job offer checklist for Australia and New Zealand shows what the contract must get right.
Frequently asked questions
Can an employer ask me to cook or work for free at an interview?
In Australia, Fair Work says an unpaid trial must be a supervised demonstration of the skills the job needs and must not run longer than needed to show them. In New Zealand, Employment New Zealand says a short interview task is acceptable, but working a whole shift, or even a few hours, would likely be considered employment.
How long can a skills test be before it has to be paid?
There is no single number. Fair Work says the limit depends on the nature and complexity of the work, and that it could range from an hour to one shift. Any period beyond what is reasonably required to show the skills must be paid at the appropriate minimum rate of pay.
Is a skills test the same as a trial period?
No. A skills test happens before you are hired, while a trial period is part of the job after you are hired. In New Zealand a trial period can last no longer than 90 calendar days, you must be paid during it, and Immigration New Zealand does not allow trial periods for migrant workers on an Accredited Employer Work Visa.
Does my visa change what I can be asked to do in a test?
No. Immigration New Zealand says everyone in New Zealand, including migrants, has the same minimum employment rights. The Australian unpaid trial rules from Fair Work are likewise written around the work done, not around the passport you hold.
Should I refuse a skills test if I am unsure about it?
Not necessarily. A short, supervised test is a normal part of hiring in many trades and kitchens. Ask the five questions in this guide first, and if the answers describe a real shift of work, read the official pages linked above before you decide.
Key takeaways
- A skills test is a short, supervised demonstration of the skills the job needs.
- Fair Work says the length depends on the work and could range from an hour to one shift; time beyond what is needed must be paid.
- In New Zealand, 2 or 3 coffees is an acceptable interview task, but a whole shift or even a few hours would likely be employment.
- Ask what, how long, who watches, whether it is paid and whether you serve customers.
- A test, a trial period and training are three different things.
