Internships and placements

Internships, work experience and student placements are common ways to gain practical experience before or after you graduate. They can help you test a career, build skills, make contacts and strengthen your résumé. Some lead directly to a job offer.

But the word "internship" covers everything from a well-structured, paid program to an arrangement where someone does ordinary work for free. Australian workplace law draws clear lines around when unpaid work is allowed. This guide explains those lines using the Fair Work Ombudsman's guidance, and offers practical tips for getting the most from a placement. It is general information only; check the official guidance for your situation.

The terms explained

People use these words loosely, so it helps to be clear:

• Student or vocational placement: a formal work experience arrangement that forms part of an education or training course, such as a clinical placement, practicum or industry project required for your degree.
• Internship: a period of work experience, often several weeks or months, that may or may not be connected to a course. Internships can be paid or unpaid.
• Work experience: a general term for short periods spent in a workplace to learn about a job or industry.
• Graduate program: a paid job for recent graduates, not an internship. See our graduate programs guide.

What matters legally is not the label but the substance of the arrangement.

When unpaid work is lawful

The Fair Work Ombudsman says unpaid work experience or internships can be okay if:

• they are a student or vocational placement, or
• there is no employment relationship.

If neither applies, the person is likely to be an employee, and the business must pay them at least the minimum rate and provide other entitlements.

Vocational placements

Under the Fair Work Act, a vocational placement is lawfully unpaid if it meets all of these criteria, as explained by the Fair Work Ombudsman:

1. There is no entitlement to pay. If your agreement with the host entitles you to be paid for the work, it is not a vocational placement.
2. It is a requirement of an education or training course. The placement must be a required part of the course as a whole, or of a subject or module, even if that subject is an elective.
3. It is approved. The institution delivering the course must be authorised under Australian, state or territory law or administrative arrangements. Courses at universities, TAFE colleges and schools satisfy this requirement.

When all three are met, the host is not required to pay entitlements under the Fair Work Act, although it can choose to make payments. If a placement doesn't meet all the criteria, that doesn't automatically make the student an employee; the next question is whether there is an employment relationship.

Is there an employment relationship?

For internships outside a course, the key question is whether you are, in substance, an employee. The Fair Work Ombudsman's unpaid work fact sheet explains that for unpaid work experience or an internship to be legal:

• there must be no expectation or requirement of productive work;
• the main benefit should be to the person doing the work experience or internship; and
• it must clearly provide a meaningful learning experience, training or skills development.

Indicators that point towards employment include doing the ordinary work of the business, being relied on to fill a role that would otherwise be paid, working long or fixed hours as a staff member would, and the arrangement mainly benefiting the business rather than your learning. The longer the arrangement and the more productive the work, the more likely it is to be employment.

If you're unsure, the Fair Work Ombudsman suggests discussing the indicators with the business before you start, and again if the arrangement changes.

Questions to ask before you start

Before agreeing to an internship or placement, ask:

• Is this placement a required part of my course? Has my institution approved it?
• Will I be paid? If not, why not?
• What will I be doing day to day? What will I learn?
• Who will supervise me, and how often will we meet?
• What are the hours and how long does it last?
• What happens at the end? Is there any chance of ongoing work?
• Is there insurance cover? (Your institution may arrange this for course placements.)

Ask for the key details in writing.

Making the most of a placement

A placement is a chance to learn and to show what you can do. A few habits help:

• Set goals. Agree with your supervisor what you want to learn and achieve.
• Be reliable. Arrive on time, meet deadlines and communicate if something goes wrong.
• Ask questions. Show curiosity about how the organisation works and why things are done a certain way.
• Seek feedback. Ask regularly what you are doing well and what to improve.
• Meet people. Introduce yourself beyond your immediate team and ask about their roles.
• Keep a record. Note projects, skills and achievements for your résumé and interviews.
• Say thank you. At the end, thank your supervisor and ask if they would be willing to act as a referee.

Paid internships

Some organisations offer paid internships, often over summer or winter breaks, to students in their penultimate year. These are jobs, with the same rights as any other employment. Paid internships are often a pipeline into graduate programs, so treat them seriously and let the employer know if you would like to return.

Unpaid trials

Some employers ask job applicants to do a trial shift. The Fair Work Ombudsman has specific guidance on unpaid trials, which are only lawful in limited circumstances, such as a short demonstration of skills directly relevant to the role, under supervision. If you are asked to work unpaid for an extended period "to see how you go", check the official guidance.

If something goes wrong

If you think you have been treated unfairly, for example by doing productive work for free when you should have been paid, start by talking to your placement coordinator (for course placements) or the host. You can find information on the Fair Work Ombudsman's website or call the Fair Work Infoline on 13 13 94. Keep records of your hours, tasks and any written agreements.

Volunteering

Volunteering for a genuine not-for-profit is a different arrangement. Volunteers can build skills and experience, but volunteering should be genuinely voluntary and not a substitute for a paid job. It is a worthwhile addition to any résumé, especially when it relates to your field.

Key points

• Unpaid internships are lawful only if they are a genuine vocational placement or there is no employment relationship.
• A vocational placement must be a required part of an approved course, with no entitlement to pay.
• Productive work that mainly benefits the business suggests you are an employee.
• Ask clear questions before you start, and get key details in writing.
• Set goals, seek feedback and keep a record of what you achieve.