Hiring Volunteers or Interns

Table of Contents

Share at:

People are the most valuable resource of any company. A number of people, particularly students, engage in unpaid work when providing their services to a business. Unpaid work can take place in the form of volunteers, internships and vocational work. It is essential that businesses understand the nature of the relationship the work arrangement, in order to comply with the Fairwork Act 2009 (CTH) and avoid fines of up to $50,000.

How Are Volunteers, Internships and Vocational Work Defined?

Volunteers

A volunteer works with the main purpose of benefiting someone else, such as a sporting club, school or community organization. Volunteers do not intend to create a legally binding relationship and do not expect to be paid or obliged to perform work. Imposing work obligations and arrangement upon a volunteer, such as a roster, may lead to an employment relationship being established. It is imperative that a volunteer agreement is used in order to establish a clearly defined boundary and set out the rules and responsibilities of the relationship.

Internships / Vocational Work

An intern is typically a student or trainee, who will sometimes work without pay in exchange for skills, knowledge and experience within an industry. The arrangement is a valuable way for people to explore a career path and gain employment with the company.

In order to be considered as a lawfully unpaid internship, it is pivotal that the person is undertaking the work experience as part of an authorised educational course, regardless of whether an employment relationship exists.

The unpaid internship should be regulated by the Fair Work Act 2009 (CTH) where the person learns and develops skills that are mainly for the benefit of the individual. It is recommended that an internship be regulated by an internship agreement, expressing the obligations, rights and responsibilities of both parties.

“Unsure where to start? Contact a LawPath consultant on 1800LAWPATH to learn more about customising legal documents, obtaining a fixed-fee quote from our network of 600+ expert lawyers or to get answers to your legal questions.”

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

What Is a Grandfather Clause? Meaning, Examples and Business Uses

Find out everything you need to know about grandfather clauses and the many ways they might impact your day to day business.

Can An Employee Be Terminated While on Sick Leave?

Can an employee be terminated while on sick leave? Read this article to find out.

Tax Audit Triggers in Australia 2026: A Small Business Survival Guide

Do you know what can trigger an ATO tax audit for your small business? Discover the top tax audit triggers to stay compliant and reduce audit risks.

What Is Capital Gains Tax (CGT)? A Guide for Small Business Owners

Navigating capital gains taxes in Australia? This is your comprehensive guide on what triggers CGT, how to plan for it, and mistakes to avoid.

What Is Payroll Tax? A Comperhensive Guide for Australian Businesses

Understand how to manage your payroll tax obligations in Australia. Learn when to register, how payments work, and ways to ensure ironclad compliance.

Top 10 Cities to Start a Business in WA (FY26)

The 10 fastest-growing cities to start a business in WA (FY26), ranked on Lawpath and government data, with growth rates and what is driving each.