Hi there. Unpaid work is not always illegal. Whether an employer should be paying you as an intern or work experience candidate depends on whether you are actually working as an employee for the employer. Whether you are an ‘employee’ depends on a number of factors.

The purpose of the work is important. Are you there to gain work experience or are you doing the job of an ordinary employee to help run the business? The more productive work that is involved and the more you contribute (rather than just observe), the more likely you will be properly classified as an employee.

The nature of the work is also relevant. Although interns can do some productive activities, their tasks should not be mandatory or critical to the running of the business. If the business is getting more benefits out of the arrangement than you, then you are more likely to be an employee.

The length of time can also be a factor to consider. The longer the internship, the more likely you are actually an employee.

If an intern is properly classified as an employee of the business, they are entitled to a minimum wage, rights afforded under the National Employment Standards, and the terms of any applicable award or registered workplace agreement. Employers can face significant consequences for failing to recognise the rights of their employees.

Suggested way forward

You should contact the Fair Work Ombudsman for more information (www.fairwork.gov.au) and, if appropriate, lodge a formal complaint. You may also want to speak to an employment lawyer who can advise you of your rights and help you recover any unpaid wages. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.