An unpaid trial shift is legal in Australia only when it is a short, supervised demonstration of the skills the job needs: Fair Work says that could be anything from an hour to one shift, depending on the work. The moment it turns into real work, runs longer than needed or happens without someone watching, it has to be paid. New Zealand is stricter: a quick skills test is fine, but working a whole shift, or even a few hours, would likely count as employment.
These rules apply to everyone, whatever passport you hold. Fair Work says visa holders and migrant workers have the same workplace rights as all other employees in Australia, and Immigration New Zealand says the same about minimum employment rights in New Zealand.
Unpaid trial shift rules: Australia and New Zealand side by side
| Question | Australia | New Zealand |
|---|---|---|
| Can a pre-hire trial be unpaid? | Yes, if it is only a supervised demonstration of job skills | Only a short task, such as a barista making 2 or 3 coffees |
| How long? | No longer than needed to show the skills: from an hour to one shift | A whole shift, or even a few hours, would likely be employment |
| Who must be there? | Someone directly supervising you | Treat it as an interview task, not a shift |
| What if it goes further? | Extra time must be paid at the right minimum rate | Employees must be paid |
| Trial after you are hired | Probation, often 3 to 6 months, with full entitlements | A trial period of up to 90 days, paid, written into a signed agreement |
The four tests Fair Work uses in Australia
Fair Work describes an unpaid work trial as a demonstration by someone working under supervision, to show they have the skills for the job.
Fair Work says an unpaid trial can be unlawful when any one of these is true:
- It is not necessary. If your references or licences already show the skill, a trial may not be needed.
- It lasts longer than needed. The length depends on how complex the work is. Fair Work puts the range at an hour to one shift.
- It is more than a demonstration. Serving real customers all day or doing the normal work of the business goes beyond showing a skill.
- You are not directly supervised. If you are left alone to get on with it, it is no longer a demonstration.
Fair Work also says that any period beyond what is reasonably needed to demonstrate the skills must be paid at the appropriate minimum rate.
What a fair trial looks like in real jobs
These are examples of how the tests apply, not official rulings. The question is always: is the employer watching you show a skill, or are you doing the job for free?
- Chef. Cooking a couple of dishes from the menu while the head chef watches and tastes is a demonstration. Being put on a station and left to run it through a busy dinner service is working.
- Hairdresser or barber. One cut on a model while the salon owner observes shows your technique. Taking paying clients for the day is working.
- Carpenter or painter. A short task with the supervisor beside you is a test. Finishing a paying client's job all day is working.
If you are applying for kitchen roles such as this chef job in Brisbane or this pizza chef job in Perth, a cooking test is a normal part of hiring. The same goes for hair and beauty jobs, where a practical test is common.
When a trial shift has to be paid in Australia
Fair Work says unpaid work is lawful only if the person doing it is not an employee. Once you are doing the job rather than showing you can do it, you are working.
- Training is time worked. If you are hired and the employer has you do training as part of your job, those hours must be paid.
- Student placements are different. A vocational placement can be unpaid when it is a requirement of an education or training course, there is no entitlement to pay, and it is lawful. A trial for a job is not a placement.
- The minimum rate is not optional. From 1 July 2026 the National Minimum Wage is $26.44 an hour. Most workers are covered by an award for their industry, and award rates may be higher. Award-free casual employees also get a casual loading of 25 per cent.
Full details are on Fair Work's page on unpaid trials and its wider guide to unpaid work.
New Zealand: a skills test is fine, an unpaid shift is not
Employment New Zealand gives a clear example: asking a barista applicant to make 2 or 3 coffees as an interview task is acceptable, but working a whole shift, or even a few hours, would likely be considered employment. Read its guidance on pre-employment trials before you agree to anything longer than a short test.
Do not confuse that with a trial period, which comes after you are hired. In New Zealand a trial period can be agreed only if it lasts no longer than 90 calendar days, you have not worked for the employer before, and it is at the start of the job. It must be written into the employment agreement, and if you did not sign the agreement before starting work, the trial period is not valid.
You must be paid during a trial period and you have the same rights as other employees. The main difference is that if you are dismissed during it, you cannot raise a personal grievance about the dismissal, except in some circumstances. Employment New Zealand also says Immigration New Zealand does not allow trial periods for migrant workers employed on an Accredited Employer Work Visa (AEWV). The rules are on the trial periods page.
From 1 April 2026 the adult minimum wage in New Zealand is $23.95 an hour before tax.
Trial shift, probation, trial period: which one are you in?
The difference decides whether you get paid. The New Zealand trial period is covered above; the others work like this:
- Trial shift (before hiring). A short, supervised skills test. Unpaid only within the limits above.
- Probation in Australia (after hiring). Fair Work says the employer usually sets the length, often 3 to 6 months. You get the same entitlements as any other employee, and you are still entitled to notice if your job ends during probation.
- Probation in New Zealand (after hiring). It can last any length of time, and the employer must follow the usual dismissal process to end your job during it.
For what happens once you are hired, from your tax number to your first payslip, read our guide to starting your first job in Australia or New Zealand.
How to handle a trial shift request, step by step
- Ask four questions before the day. What will I be asked to do, how long will it take, who will supervise me, and will I be paid?
- Get the answers in writing. A short message or email confirming the time, the task and the pay is enough.
- Prepare as you would for an interview. Bring your CV, licences and references, and know the job ad well. Our job interview tips cover answers, timing and the questions to ask at the end. If your CV needs work first, Build AI CV helps you tailor it to each ad.
- Write down your times. Note when you started, when you finished and what you did. In New Zealand you can also ask an employer for a copy of your hours worked and pay records.
- Speak up when it stops being a test. If you are left alone, given a full shift or told to stay longer, ask politely whether the extra time will be paid.
- Never pay to trial. Scamwatch lists being asked to pay a recruitment fee or for training materials before starting as a sign of a job scam. In New Zealand, employers cannot charge you fees for a job.
- Get help if you were not paid. In Australia, raise it with the employer first, then contact the Fair Work Ombudsman on 13 13 94. For help in another language, call the Translating and Interpreting Service on 131 450 and ask them to call Fair Work for you. In New Zealand, contact Employment New Zealand.
Common mistakes with unpaid trials
- Thinking "I agreed, so it is legal". Agreeing to an unpaid trial does not make a long or unsupervised one lawful. The extra time still has to be paid.
- Calling an unpaid shift a "trial period" in New Zealand. A real trial period is paid and written into a signed agreement, and it is not allowed at all for AEWV workers.
- Paying for a uniform, course or "placement" before a trial. Cashback schemes, where an employer unreasonably requires you to pay them for a job, are illegal in Australia.
- Staying silent because of your visa. Your workplace rights do not depend on your passport, and a complaint to Fair Work does not cancel a visa.
Before you sign anything after a good trial, run the offer through our job offer checklist for Australia and New Zealand. Optional: a verified Talent Tabloid profile lets employers check your experience and can help your application stand out.
Frequently asked questions
Is an unpaid trial shift legal in Australia?
It can be. Fair Work says an unpaid trial is lawful only when it is a supervised demonstration of the skills the job needs and lasts no longer than it takes to show them, from an hour up to one shift depending on the work. Anything beyond that must be paid.
How long can an unpaid work trial last in Australia?
There is no fixed number of hours. Fair Work says the trial must not go longer than is needed to show your skills, which depends on how complex the work is and could range from an hour to one shift. Time beyond what was reasonably needed must be paid at the right minimum rate.
Can a New Zealand employer ask me to work a shift for free?
A short skills test is fine, such as a barista making 2 or 3 coffees during an interview. Employment New Zealand says working a whole shift, or even a few hours, would likely be considered employment, and employees must be paid.
Is a trial shift the same as a trial period?
No. A trial shift happens before you are hired. In New Zealand a trial period is part of a signed employment agreement, lasts no longer than 90 calendar days, and you are paid throughout. Trial periods are not allowed for workers on an Accredited Employer Work Visa.
Will complaining about an unpaid trial affect my visa?
In Australia, Fair Work says an employer cannot cancel a worker's visa: only Home Affairs can grant, refuse or cancel visas, and contacting the Fair Work Ombudsman will not get a visa cancelled. Visa holders have the same workplace rights as everyone else.
Key takeaways
- In Australia an unpaid trial shift is legal only as a short, supervised skills demonstration, from an hour to one shift.
- Any time beyond what was needed to show your skills must be paid at the right minimum rate.
- In New Zealand a short task is fine, but a whole shift, or even a few hours, would likely be paid employment.
- Ask what, how long, who supervises and whether it is paid, and keep your own record of times.
- Visa holders have the same rights, and contacting Fair Work will not cancel a visa.
