Document Details

Document Id	student_placements_(1).pdf
Document Title	Student Placements
Reference	https://drive.google.com/uc?export=download&id=1De6jn5FjUB14CIcpXr1EpDnOzyGcckJq
Publisher	Fair Work Ombudsman
Categorization	Human Resource Management Talent Acquisition
Document Source	6218 characters in 0 pages. (pdf)
Tags	student placements, vocational placements, unpaid work, Fair Work Act, work experience, education, employment relationship, rights and obligations, work health and safety, discrimination

This document, published by the Fair Work Ombudsman in October 2023, outlines the framework and regulations surrounding student placements in Australia. It defines student placements as vocational experiences that allow students to apply their academic knowledge in a professional setting, thereby enhancing their transition from education to employment. The document specifies the criteria under the Fair Work Act (FW Act) that must be met for a placement to be considered lawful and unpaid, including the necessity of institutional approval and the absence of entitlement to pay. It provides examples of student placements in various fields, emphasizing that while students are not entitled to minimum wage, they may still receive voluntary payments. The document also highlights the importance of understanding rights and obligations related to unpaid work, including protections under other legislation.

The document from the Fair Work Ombudsman provides a comprehensive overview of student placements in Australia, emphasizing their role in bridging the gap between education and employment. It explains that student placements, also referred to as vocational placements, are designed to allow students to apply theoretical knowledge in real-world settings, thereby enhancing their employability. The primary audience for this document includes students, educational institutions, and employers involved in hosting student placements. Under the Fair Work Act (FW Act), a student placement is considered lawful and unpaid if it meets specific criteria: there must be a placement arranged by an educational institution or initiated by the student, there is no entitlement to pay, the placement is a requirement of an educational course, and it must be approved by the institution. If these criteria are not met, the arrangement may not qualify as a student placement, but this does not automatically classify the individual as an employee entitled to payment. The document provides three examples to illustrate how student placements function in practice. In the first example, Katrina, a nursing student, completes a required placement at a hospital, which is authorized by her university. In the second example, Jayne, a mechanical engineering student, organizes her own placement but must have it approved by her university to ensure it meets educational standards. The third example features Mitchell, who selects an elective that includes a structured unpaid placement as part of his degree requirements. Each example reinforces the criteria for lawful unpaid placements under the FW Act. While the FW Act does not grant entitlements to students in placements, it notes that other protections, such as work health and safety regulations, may still apply. The document encourages readers to seek further information on their rights and obligations regarding unpaid work through the Fair Work Infoline or the Fair Work website. Overall, the document serves as a vital resource for understanding the legal framework governing student placements, ensuring that students, educational institutions, and employers are informed about their rights and responsibilities.

Original content extracted from the source document.

Student placements

Student placements provide students with the opportunity to apply the theory and skills they learned while studying in a professional workplace.

Under these arrangements students can gain the skills they need to transition successfully from study to work, while giving industry the opportunity to enrich student learning experiences and increase the number of work-ready graduates.

Student placements (placements) are known as 'vocational placements' under the Fair Work Act (FW Act). Placements that meet the definition under the FW Act are lawfully unpaid. Students completing placements are not considered to be employees and therefore are not entitled to the minimum wage or other entitlements provided under the FW Act.

What is a student placement?

Under the FW Act, a student placement is lawfully unpaid if it meets all the following criteria:

There must be a placement. This can be arranged by the educational or training institution, or a student may initiate the placement with an individual business directly, in line with the requirements of their course.
There is no entitlement to pay for the work the student undertakes. Where a student's contract with the host business or organisation entitles them to receive money for the work they perform, the placement will likely have turned into an employment relationship. Similarly, work arrangements covered by industrial awards or agreements are not student placements.
The placement must be done as a requirement of an education or training course. The placement must be a required component of the course as a whole, or of an individual subject or module of the course. It doesn't matter whether that subject is compulsory or an elective chosen by the student.
The placement must be one that is approved. The institution delivering the course which provides for the placement must be authorised under an Australian, state or territory law or an administrative arrangement of the Commonwealth or a state or territory to do so. Courses offered at universities, TAFE colleges and schools (whether public or private) will all satisfy this requirement, as will bodies authorised to offer training courses under state or territory legislation.

Fair Work Infoline: 13 13 94

When all of the above criteria are met, hosts are not required to pay students entitlements under the FW Act.

However, a host may elect to provide payment(s) at their discretion and under no obligation.

If the placement doesn't meet all of the above criteria, it won't be a student placement under the FW Act. However, this doesn't automatically mean that the person is an employee and entitled to payment. The next step is to determine whether or not the person is in an employment relationship.

For more information on determining whether or not an employment relationship exists see our Unpaid work page at fairwork.gov.au/unpaidwork

Example 1

Katrina approaches her local hospital as they have a pre-existing relationship with her university and have regular student placements. The placement is authorised by her university, and Katrina understands it is a learning exercise and that she won't be paid.

As the arrangement meets the definition of a student placement under the FW Act, it can be unpaid.

Example 2

While Jayne has to organise the placement herself, the University has strict criteria about needing to assess a host to ensure her placement provides the relevant learning environment, and gives final sign-off on the placement.

As this arrangement meets the definition of a student placement under the FW Act, it can be unpaid. If the business decides to get Jayne to sign an employment contract and pay her wages for her work, it may turn the placement into an employment relationship.

If an employment relationship is created, Jayne is entitled to at least the legal minimum rate of pay for the type of work she is performing.

CONTACT US

Fair Work Online: www.fairwork.gov.au

Fair Work Infoline:

13 13 94

Need language help?

Contact the Translating and Interpreting Service (TIS)

13 14 50

Example 3

Because the elective forms part of his course and Mitchell's placement meets the definition of a student placement under the FW Act, this means that it can be unpaid.

Important

While the FW Act does not provide entitlements to students doing placements, there may still be other protections in the FW Act, and obligations in other legislation, such as those about work health and safety or discrimination that apply to them.

Further information

For information and resources to help you understand your rights and obligations on the topic of unpaid work, visit fairwork.gov.au/unpaidwork or contact the Fair Work Infoline on 13 13 94.

Hearing & speech assistance

Call through the National Relay Service (NRS):

For TTY:

13 36 77

Ask for the Fair Work Infoline 13 13 94

Speak & Listen:

1300 555 727

Ask for the Fair Work Infoline 13 13 94

The Fair Work Ombudsman is committed to providing you with advice that you can rely on. The information contained in this fact sheet is general in nature. If you are unsure about how it applies to your situation you can call our Infoline on 13 13 94 or speak with a union, industry association or a workplace relations professional.

Fair Work Infoline: 13 13 94

Last updated:

October 2023

Chunk 0 from Page 1 (Student placements)

Student placements provide students with the opportunity to apply the theory and skills they learned while studying in a professional workplace. Under these arrangements students can gain the skills they need to transition successfully from study to work, while giving industry the opportunity to enrich student learning experiences and increase the number of work-ready graduates. Student placements (placements) are known as 'vocational placements' under the Fair Work Act (FW Act). Placements that meet the definition under the FW Act are lawfully unpaid. Students completing placements are not considered to be employees and therefore are not entitled to the minimum wage or other entitlements provided under the FW Act.

Chunk 1 from Page 1 (What is a student placement?)

Under the FW Act, a student placement is lawfully unpaid if it meets all the following criteria:

There must be a placement. This can be arranged by the educational or training institution, or a student may initiate the placement with an individual business directly, in line with the requirements of their course.
There is no entitlement to pay for the work the student undertakes. Where a student's contract with the host business or organisation entitles them to receive money for the work they perform, the placement will likely have turned into an employment relationship. Similarly, work arrangements covered by industrial awards or agreements are not student placements.
The placement must be done as a requirement of an education or training course. The placement must be a required component of the course as a whole, or of an individual subject or module of the course. It doesn't matter whether that subject is compulsory or an elective chosen by the student.

Chunk 2 from Page 1 (What is a student placement?)

The placement must be one that is approved. The institution delivering the course which provides for the placement must be authorised under an Australian, state or territory law or an administrative arrangement of the Commonwealth or a state or territory to do so. Courses offered at universities, TAFE colleges and schools (whether public or private) will all satisfy this requirement, as will bodies authorised to offer training courses under state or territory legislation. Fair Work Infoline: 13 13 94 When all of the above criteria are met, hosts are not required to pay students entitlements under the FW Act. However, a host may elect to provide payment(s) at their discretion and under no obligation. If the placement doesn't meet all of the above criteria, it won't be a student placement under the FW Act. However, this doesn't automatically mean that the person is an employee and entitled to payment. The next step is to determine whether or not the person is in an employment relationship. For more information on determining whether or not an employment relationship exists see our Unpaid work page at fairwork.gov.au/unpaidwork

Chunk 3 from Page 1 (Example 1)

Katrina is in her 3rd year of a nursing degree. As part of her course, Katrina is required to complete a minimum of 4 weeks work experience with a registered hospital in her state in order to graduate. Katrina approaches her local hospital as they have a pre-existing relationship with her university and have regular student placements. The placement is authorised by her university, and Katrina understands it is a learning exercise and that she won't be paid. As the arrangement meets the definition of a student placement under the FW Act, it can be unpaid.

Chunk 4 from Page 2 (Example 2)

Jayne is in her final year of a mechanical engineering degree and has completed her formal class studies. As a requirement to graduate, Jayne has to organise professional engineering work experience at a business for 12 weeks. While Jayne has to organise the placement herself, the University has strict criteria about needing to assess a host to ensure her placement provides the relevant learning environment, and gives final sign-off on the placement. As this arrangement meets the definition of a student placement under the FW Act, it can be unpaid. If the business decides to get Jayne to sign an employment contract and pay her wages for her work, it may turn the placement into an employment relationship. If an employment relationship is created, Jayne is entitled to at least the legal minimum rate of pay for the type of work she is performing.

Chunk 5 from Page 2 (CONTACT US)

Fair Work Online: www.fairwork.gov.au Fair Work Infoline: 13 13 94 Need language help? Contact the Translating and Interpreting Service (TIS) on 13 14 50

Chunk 6 from Page 2 (Example 3)

Mitchell is choosing his elective units for the following year's study as part of his undergraduate degree. One of the electives is a 3 month unpaid placement organised by the university at a host business that provides a structured learning experience related to his degree. This placement counts as credit towards meeting his total course requirement. Because the elective forms part of his course and Mitchell's placement meets the definition of a student placement under the FW Act, this means that it can be unpaid.

Chunk 7 from Page 2 (Important)

Chunk 8 from Page 2 (Further information)

For information and resources to help you understand your rights and obligations on the topic of unpaid work, visit fairwork.gov.au/unpaidwork or contact the Fair Work Infoline on 13 13 94. Hearing & speech assistance Call through the National Relay Service (NRS): For TTY: 13 36 77 Ask for the Fair Work Infoline 13 13 94 Speak & Listen: 1300 555 727 Ask for the Fair Work Infoline 13 13 94 The Fair Work Ombudsman is committed to providing you with advice that you can rely on. The information contained in this fact sheet is general in nature. If you are unsure about how it applies to your situation you can call our Infoline on 13 13 94 or speak with a union, industry association or a workplace relations professional. Fair Work Infoline: 13 13 94 Last updated: October 2023 © Copyright Fair Work Ombudsman

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