ARTICLE
17 November 2010

Work experience exposes business to potential wage claims

KG
K&L Gates

Contributor

At K&L Gates, we foster an inclusive and collaborative environment across our fully integrated global platform that enables us to diligently combine the knowledge and expertise of our lawyers and policy professionals to create teams that provide exceptional client solutions. With offices spanning across five continents, we represent leading global corporations in every major industry, capital markets participants, and ambitious middle-market and emerging growth companies. Our lawyers also serve public sector entities, educational institutions, philanthropic organizations, and individuals. We are leaders in legal issues related to industries critical to the economies of both the developed and developing worlds—including technology, manufacturing, financial services, health care, energy, and more.
Seamus Burke, a partner in the Middletons Workplace Relations & Safety Group, discusses the potential implications for businesses when employing work experience students. The Fair Work Act determines that these type of vocational placements must meet three specific criteria. Seamus warns that employers risk certain consequences if these criteria are not all met, including the student being classified as an employee for the period of the placement which could entitle the student to payment of wag
Australia Employment and HR
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Seamus Burke, a partner in the Middletons Workplace Relations & Safety Group, discusses the potential implications for businesses when employing work experience students. The Fair Work Act determines that these type of vocational placements must meet three specific criteria. Seamus warns that employers risk certain consequences if these criteria are not all met, including the student being classified as an employee for the period of the placement which could entitle the student to payment of wages and superannuation, which may lead to an investigation and prosecution by the Fair Work Ombudsman.

While continuing to offer work experience for students is encouraged, employers must be mindful to keep any written records of offer as well as considering relevant insurance and OHS induction for work experience students.

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ARTICLE
17 November 2010

Work experience exposes business to potential wage claims

Australia Employment and HR

Contributor

At K&L Gates, we foster an inclusive and collaborative environment across our fully integrated global platform that enables us to diligently combine the knowledge and expertise of our lawyers and policy professionals to create teams that provide exceptional client solutions. With offices spanning across five continents, we represent leading global corporations in every major industry, capital markets participants, and ambitious middle-market and emerging growth companies. Our lawyers also serve public sector entities, educational institutions, philanthropic organizations, and individuals. We are leaders in legal issues related to industries critical to the economies of both the developed and developing worlds—including technology, manufacturing, financial services, health care, energy, and more.
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