Home| Idx | Terms Ref | Exc Sum | Recommendations | Chp 1 | Chp 2 | Chp 3 | Chp 4 | Chp 5 | Apx | Disclaimer | Copyright VOLUNTEERING AND UNPAID WORK PLACEMENTS AMONG CHILDREN AND YOUNG PEOPLE IN NSW COMMITTEE ON CHILDREN AND YOUNG PEOPLE Co CPT 4-UNPAID WORK PLACEMENTS - WHAT CONSTITUES LEGITIMATE UNPAID WORK? C4 Chapter Four - Unpaid Work Placements m Introduction n The increasing prevalence of unpaid work in the Australian workforce o What constitues legitimate unpaid work? THIS PAGE WHAT CONSTITUES LEGITIMATE UNPAID WORK? 4.6 The FWO’s guidance about what constitutes legitimate unpaid arrangements and vocational arrangements under the Fair Work Act 2009 (Fair Work Act) provides the following definitions for different types of unpaid work: a Unpaid internships and work experience b Unpaid trials c Vocational (student) placements. a Unpaid internships and work experience. These should: 1 constitute mainly observation, rather than productive work; 2 not run for long periods of time; 3 not involve work that a normal employee would perform; 4 not require the person to come to work or perform productive activities; and 5 mostly benefit the person rather that the business or organisation. b Unpaid trials These are only appropriate when: 1 they involve demonstrating a skill directly relevant to the job; 2 they are only as long as necessary to demonstrate the job skill; 3 and there is direct supervision for the whole trial. c Vocational (student) placements These are lawfully unpaid if: 1 they are a requirement as part of an education or training course; 2 approval has been given for the placement by the education provider 56 4.7 Like the FWO, Unions NSW submitted that in order to be lawful an internship must be a genuine work experience opportunity where the intern benefits by gaining knowledge and skills. Further, internships: 1 should have a clear start and end date; 2 should include mainly observational tasks; 3 should ensure that any productive tasks are only undertaken as a learning opportunity; and 4 should not involve performing work normally done by paid employees. 4.8 Unions NSW submitted that internships are unlawful when they require interns to conduct productive work with little or no learning outcomes, or where the employer will most likely benefit from the arrangement more than the intern 57 4.9 Interns Australia agreed with Unions NSW’s view that a legitimate internship should be of greater benefit to the person undertaking it, rather than the employer. Interns Australia submitted that a good internship will contribute to an intern’s prospects in a designated field and allow them to develop skills that will benefit them in their future career. Interns Australia further suggested that internships should provide opportunities for the intern to network within the industry and form contacts that could lead to employment within the field, and that an intern should be learning throughout their internship.58 4.10 Moreover, Interns Australia submitted that it is important that employers and interns are aware of the others’ expectations when negotiating the terms of an internship. These terms include the content of the internship, and the duration and hours of work 59 56 Fair Work Ombudsman website, viewed 7 November 2014: