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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-02-18 Daily Xml
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UNPAID TRIAL AND PROBATIONARY WORK

The Hon. S.W. KEY (Ashford) (15:07): Will the Minister for Industrial Relations inform the house how the government is protecting people who undertake trial or probationary work?

The Hon. P. CAICA (Colton—Minister for Industrial Relations, Minister for Employment, Training and Further Education, Minister for Science and Information Economy, Minister for Youth, Minister for Volunteers) (15:07): I thank the honourable member for her question and acknowledge her lifelong commitment to the protection of workers' rights. This government is committed to protecting workers who undertake trial or probationary work.

Under South Australian legislation every employee must be paid the correct wages for the work they undertake. Unfortunately, there are certain groups—for example, young workers and people from non-English-speaking backgrounds—who are particularly vulnerable to exploitation through the use of unpaid trial or probationary work. There is generally no such thing as an unpaid trial or probation period, as I am sure all members are aware, because you would have had constituents visit your electorate office. You would also be aware that SafeWork SA is the agency responsible for ensuring that workers in South Australia enjoy a safe, fair and productive working life.

The investigation of any reported incidents of exploitation through the use of unpaid trial or probationary work is, therefore, part of SafeWork SA's responsibility. SafeWork SA assisted more than 100 people in December last year after an investigation uncovered significant unpaid trial work in a suburban Adelaide business. SafeWork SA helped to recover more than $11,000 in entitlements for these people who did almost 800 hours of so-called trial work.

To further strengthen the community's awareness of this issue, late last year SafeWork SA distributed information on trial work to organisations that assist vulnerable workers. This information was provided to students at our schools, universities and TAFE colleges because, when searching for employment, especially towards the holiday periods, students are often entering the workforce for the first time and are generally less aware of their rights. Unions and employer groups also played a key role in helping distribute this information by providing information sheets to hundreds of their members.

It is also the case that SafeWork SA has commenced a series of unannounced audits for unpaid trial or probationary work across a range of employment sectors, including supermarkets, car detailers, hairdressing and beauty salons, cafes and restaurants, and service stations. Trial work and probationary work is often confused with work experience, which is usually organised through an educational institution Unless the work experience is part of a structured and improved training program, or organised through a school, TAFE or university, employees must be paid the correct wages for any work they do. Where an employee is legitimately engaged for a trial or probationary period, this period should be determined prior to the commencement of employment and the employee must be paid for all the hours worked.

Unpaid trial work is unlawful under South Australian industrial law. This government is keen to ensure that all employers are aware of their responsibilities in this regard and that all employees know that SafeWork SA is here to support any workers who have been exploited, to help them recover the wages they have rightfully earned and to assist in prosecuting those employers who have done the wrong thing.

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