Can an Australian Employer Restrict an Unpaid Intern from Interviewing with Other Companies?

Question from Tomas, Can an Australian Employer Restrict an Unpaid Intern from Interviewing with Other Companies?

Answer from AI:

In general, Australian law does not allow employers to restrict unpaid interns from interviewing with other companies. This is because unpaid interns are not considered employees under the Fair Work Act 2009 (Cth), and therefore, the same rules and restrictions that apply to employees do not apply to them.

Unpaid Internships and Employment Law

Under the Fair Work Act 2009 (Cth), an unpaid intern is not considered an employee if the arrangement is a vocational placement or if there is no employment relationship. This is determined by factors such as the purpose of the arrangement, the length of time, the person’s obligations, and who benefits from the arrangement.

• Vocational placements are a formal part of an education or training course, and are not considered employment. Therefore, the Fair Work Act does not apply.
• If there is no employment relationship, the person is likely to be doing work experience or a volunteer role. In this case, the Fair Work Act does not apply.

If the unpaid intern is not considered an employee, the employer does not have the right to restrict them from interviewing with other companies.

Restrictive Covenants and Unpaid Interns

In some cases, an employer might try to include a restrictive covenant in an internship agreement. A restrictive covenant is a clause that attempts to restrict an intern’s future employment. However, in Australia, these clauses are generally unenforceable unless the employer can demonstrate a legitimate business interest that needs to be protected.

Seeking Legal Advice

If you are an unpaid intern and your employer is trying to restrict you from interviewing with other companies, it may be beneficial to seek legal advice. A legal professional can help you understand your rights and obligations under the Fair Work Act and any agreement you have with your employer.

Please note that this information is a general guide and not legal advice. For personalized advice, consult with a legal professional. You can find more information about unpaid internships and the Fair Work Act on the Fair Work Ombudsman’s website.