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

How Do I Appoint a Power of Attorney? (2026 Update)

You can appoint a Power of Attorney (PoA) by completing a form, signing it and having it witnessed. Find out more here.

Employee Bonus Payments: What Taxes Apply?

There are several taxes that could apply to employee bonus payments. Find out what they are.

Do You Need an ABN to Sell Online? (2026 Update)

Are you starting an online business and are wondering if you need an Australian Business Number(ABN)? Read this article to find out.

Do I Need to Display My ABN on My Business’s Website?

Businesses need to display certain details on their websites. Find out if you're legally required to display your ABN in this article.

Consultant and Contractor – What’s The Difference?

Discover the difference between a consultant and contractor. How can they help your business?

How to Raise Capital: The Essential Guide for Entrepreneurs

Do you want to learn how to raise capital as an entrepreneur? You can find out how to by reading this article.