Farm Work Trials: Separate a Skills Demonstration from Paid Work
• Hari Yellina
Source checked: 18 September 2026. Australian national workplace relations system. General information; assess the circumstances of the actual work.
Calling a first shift a trial does not decide whether it can be unpaid. A farm may want to check an applicant’s skills, but that assessment should not quietly become a normal picking or packing shift. Decide what is being assessed before the person arrives.
Understand the limited unpaid-trial concept
The Fair Work Ombudsman describes an unpaid trial as a supervised demonstration of skills relevant to a vacant job. It may be unlawful if unnecessary, longer than reasonably needed, broader than a skills demonstration or not directly supervised. Time beyond what is reasonably required must be paid at the appropriate minimum rate. There is no automatic free-shift entitlement.
Define the assessment in advance
As a practical recruitment step, identify the particular skill, the assessor and how the demonstration ends. If the real purpose is to teach the job, fill a crew vacancy for the day or observe performance over repeated shifts, do not assume an unpaid trial is appropriate. For continuing assessment, Fair Work points to paid employment, such as a suitable casual arrangement or probationary period.
A hypothetical packing-shed trial
An applicant is asked to demonstrate a sorting skill under direct observation. After the assessment, the supervisor leaves and asks the applicant to keep the line supplied until lunch. The later activity is not justified merely by the earlier use of the word trial. Assess and pay the work according to the actual employment circumstances and applicable minimum conditions.
Make the first-day message clear
Tell the candidate what will happen, who will supervise and what the payment arrangement is. Keep any work records needed to establish time and duties. A probation label does not remove pay entitlements, and an assessment does not remove the need for safe instructions and supervision. If the arrangement is uncertain, resolve it before the person starts.
Official guidance and related reading
Fair Work Ombudsman guidance. For the wider planning process, see Orchard Tech’s harvest workforce checklist.
About the author
Hari Yellina is Chief Executive Officer at Orchard Tech. His articles cover agricultural workforce planning, labour hire and practical workplace responsibilities.
Featured image: AI-generated illustration of an invented scene; it does not depict an Orchard Tech site or employee.
