Internship / Vocational Placement Agreement (Australia)
Fair Work Act 2009 s12 — Vocational Placement
This Internship and Vocational Placement Agreement (the “Agreement”) is made on [Agreement Date] between:
[Host Organisation Name] (ABN [Host Organisation ABN]), of [Host Address], [Host City] [Host State] [Host Postcode] (the “Host Organisation”); and
[Intern Name], of [Intern Address], [Intern City] [Intern State] [Intern Postcode] (the “Intern”).
The Host Organisation and the Intern are referred to collectively as the “Parties”.
BACKGROUND
A. The Intern is enrolled in the [Course Name] ([Course Code]) at [Institution Name] (the “Educational Institution”). The course requires the Intern to complete a work placement of [Total Hours] hours as a component of the course.
B. The Host Organisation is willing to host the Intern for a vocational placement for the purpose of satisfying this course requirement, on the terms and conditions set out in this Agreement.
C. The Parties intend this Agreement to constitute a “vocational placement” within the meaning of s12 of the Fair Work Act 2009 (Cth). The Parties acknowledge that the Fair Work Act 2009 creates no employment relationship between the Parties by virtue of this Agreement alone.
1. NATURE OF ARRANGEMENT
1.1 This Agreement creates a vocational placement arrangement, not an employment relationship. The Intern is not an employee, worker, agent, or contractor of the Host Organisation for the purposes of the Fair Work Act 2009 (Cth) or any other law.
1.2 This Agreement is entered into for the educational benefit of the Intern. The primary purpose of the placement is to provide the Intern with practical work experience as a component of their course of study at the Educational Institution.
1.3 This arrangement satisfies the definition of ‘vocational placement’ in s12 of the Fair Work Act 2009 (Cth) because: (a) the Intern is enrolled in an authorised course; (b) the placement is undertaken as a requirement of that course; and (c) the placement is with a business approved to take such placements.
1.4 If the placement goes beyond the hours or period required by the Educational Institution’s course requirements, or if the Intern performs productive work that displaces an employee of the Host Organisation, the arrangement may cease to be a vocational placement and may become an employment relationship. In that event, the Host Organisation acknowledges it may have obligations under the Fair Work Act 2009 and the applicable Modern Award.
2. EDUCATIONAL INSTITUTION AND COURSE
2.1 Educational Institution: [Institution Name]
2.2 Course: [Course Name] ([Course Code])
2.3 Institution Contact: [Institution Contact Name] ([Institution Contact Email])
2.4 The Intern acknowledges that this placement must satisfy the requirements of the Educational Institution and agrees to comply with any conditions imposed by the Educational Institution in relation to the placement.
3. PLACEMENT PERIOD
3.1 The placement commences on [Placement Start Date] and concludes on [Placement End Date].
3.2 The Intern will attend the Host Organisation’s workplace for approximately [Hours Per Week], for a total of [Total Hours] as required by the course.
3.3 The Intern is entitled to take public holidays observed in [Host State] during the placement period.
3.4 The Host Organisation may end the placement at any time if the Intern fails to comply with this Agreement, the Host Organisation’s policies, or their obligations under applicable WHS legislation.
4. LEARNING OBJECTIVES AND ACTIVITIES
4.1 The Intern is expected to achieve the following learning objectives during the placement:
[Learning Objectives]
4.2 The work and activities the Intern will undertake to achieve these learning objectives include:
[Work Description]
4.3 The activities and tasks assigned to the Intern will be designed to support their achievement of the learning objectives and their course requirements. The Host Organisation will not use the Intern to replace an employee or to perform work that would ordinarily be performed by a paid employee as their primary function.
5. SUPERVISION
5.1 The Intern will be supervised by [Supervisor Name], [Supervisor Title] (the “Placement Supervisor”) or a suitably qualified delegate.
5.2 Supervision arrangements: [Supervision Arrangements]
5.3 The Placement Supervisor will provide the Educational Institution with any required progress reports or assessment forms within the timeframes required by the institution.
6. WORK HEALTH AND SAFETY
6.1 The Host Organisation is a Person Conducting a Business or Undertaking (PCBU) under the Work Health and Safety Act 2011 (Cth) and equivalent [Host State] legislation. As a person carrying out work for the Host Organisation, the Intern is a ‘worker’ to whom the Host Organisation owes a primary duty of care under the WHS Act, regardless of payment status.
6.2 The Host Organisation must: (a) ensure, so far as is reasonably practicable, the health and safety of the Intern while they carry out work at the Host Organisation’s workplace; (b) provide the Intern with a safe working environment and adequate facilities; (c) provide appropriate information, training, instruction, and supervision to protect the Intern from risks to their health and safety; and (d) ensure the Intern has access to first aid facilities.
6.3 The Intern must: (a) take reasonable care for their own health and safety; (b) take reasonable care that their acts or omissions do not adversely affect the health and safety of others; (c) comply with any reasonable instruction given by the Host Organisation for the purpose of compliance with the WHS Act; and (d) cooperate with any reasonable WHS policy or procedure of the Host Organisation.
7. GENERAL PROVISIONS
7.1 Conduct. The Intern must comply with all policies, procedures, codes of conduct, and directions of the Host Organisation during the placement, including any social media, IT, and privacy policies.
7.2 Intellectual Property. Any work product created by the Intern in the course of the placement is owned by the Host Organisation, unless otherwise agreed in writing. The Intern retains ownership of any pre-existing intellectual property brought into the placement.
7.3 Governing Law. This Agreement is governed by the laws of [Governing State], Australia. The Parties submit to the non-exclusive jurisdiction of the courts of [Governing State].
7.4 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the placement and supersedes all prior representations, discussions, and agreements.
7.5 Amendments. This Agreement may only be amended by written agreement signed by both Parties and, where required, approved by the Educational Institution.
7.6 Privacy. The Host Organisation will handle any personal information of the Intern in accordance with the Privacy Act 1988 (Cth) and the applicable Australian Privacy Principles. The Intern consents to the Host Organisation sharing information about their placement performance with the Educational Institution for assessment and course completion purposes.
EXECUTED as an Agreement.
HOST ORGANISATION
[Host Organisation Name]
ABN: [Host Organisation ABN]
Placement Supervisor: [Supervisor Name], [Supervisor Title]
Address: [Host Address], [Host City] [Host State] [Host Postcode]
INTERN
[Intern Name]
Email: [Intern Email]
Address: [Intern Address], [Intern City] [Intern State] [Intern Postcode]
Course: [Course Name] — [Institution Name]
Host Organisation (Authorised Representative)
________________
Signature
Date: ________________
Intern
________________
Signature
Date: ________________
What Is a Internship / Vocational Placement Agreement (Australia)?
An Internship / Vocational Placement Agreement in Australia sets out the duties, hours, pay, leave, and termination terms between employer and employee, consistent with the minimum entitlements guaranteed by the Fair Work Act 2009 (Cth).
The most important legal concept in Australian internship law is the 'vocational placement' under s12 of the Fair Work Act 2009. A vocational placement is a placement that is undertaken as a requirement of an authorised course of education or training at an educational institution — a university, TAFE, registered training organisation, or accredited provider. Placements that qualify as vocational placements may be unpaid, because the student is in an educational relationship with the host organisation, not an employment relationship. The Fair Work Act expressly provides that the National Employment Standards (including the National Minimum Wage) do not apply to genuine vocational placements.
However, the vocational placement exemption is narrow and specific. Arrangements that do not satisfy the definition — such as informal work experience, 'shadow shifts', unpaid trial periods, or ongoing unpaid labour outside the scope of a course requirement — may constitute employment, triggering the full suite of obligations under the Fair Work Act and applicable Modern Awards. The Fair Work Ombudsman (FWO) has brought enforcement action against businesses that misuse the vocational placement concept to obtain free labour.
A well-drafted Internship and Vocational Placement Agreement documents the educational institution and course, the placement period, learning objectives, supervision arrangements, WHS obligations, insurance coverage, confidentiality obligations, and the parties' acknowledgment that the arrangement is a genuine vocational placement, not an employment relationship.
The legal framework governing the Internship / Vocational Placement Agreement (Australia) in Australia draws on several key statutes and regulatory bodies. Under the Fair Work Act 2009 (Cth), the Fair Work Commission (FWC) adjudicates workplace disputes. Section 394 of the Fair Work Act 2009 governs unfair dismissal claims. The Fair Work Ombudsman (FWO) enforces compliance with the National Employment Standards (NES). The Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs) govern personal data handling. The Australian Taxation Office (ATO) administers PAYG withholding and superannuation guarantee obligations under the Superannuation Guarantee (Administration) Act 1992. Parties executing a Internship / Vocational Placement Agreement (Australia) in Australia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Fair Work Act 2009 (Cth) sets the foundational requirements.
When Do You Need a Internship / Vocational Placement Agreement (Australia)?
An Internship and Vocational Placement Agreement is needed whenever a business, organisation, or professional practice agrees to host a student or intern on placement in Australia. Without a written agreement, the rights and obligations of both the host organisation and the intern are unclear, creating legal and regulatory risks for both parties.
The agreement is appropriate for: hosting law students on practical legal training placements or paralegal internships; hosting engineering, science, or commerce students on industry placements required by their university course; hosting medical, nursing, allied health, or social work students on clinical or field placements; hosting journalism, media, or communications students on newsroom or agency placements; hosting education students on teaching practicum placements; and any other structured work experience that is a required component of a vocational course at a university, TAFE, or registered training organisation.
For host organisations, the agreement is important because it: documents that the arrangement is a genuine vocational placement, reducing the risk of an FWO investigation or claim for unpaid wages; sets out the host's WHS obligations to the intern; establishes supervision and performance expectations; protects confidential client and business information through confidentiality obligations; and creates a record of the arrangement for insurance, HR, and compliance purposes.
For interns and students, the agreement is important because it: documents the agreed learning objectives and activities, confirming the placement delivers genuine educational value; identifies the supervisor and supervision arrangements; clarifies insurance coverage; and establishes a clear point of contact at the educational institution. Most Australian universities and TAFEs require a written placement agreement to be in place before a student commences a work placement.
Parties in Australia should prepare a Internship / Vocational Placement Agreement (Australia) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under the Fair Work Act 2009 (Cth), the Fair Work Commission (FWC) adjudicates workplace disputes. Section 394 of the Fair Work Act 2009 governs unfair dismissal claims. The Fair Work Ombudsman (FWO) enforces compliance with the National Employment Standards (NES). The Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs) govern personal data handling. The Australian Taxation Office (ATO) administers PAYG withholding and superannuation guarantee obligations under the Superannuation Guarantee (Administration) Act 1992. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Internship / Vocational Placement Agreement (Australia)
A well-drafted Australian Internship and Vocational Placement Agreement must address several key elements that are specific to the Australian legal framework.
The vocational placement confirmation is the most critical element. The agreement must identify the educational institution, the authorised course, and the specific subject or unit that requires the placement. This confirms the arrangement satisfies the s12 definition in the Fair Work Act 2009 and that the unpaid nature of the placement (if applicable) is lawful. Without this, the host organisation risks a finding that the intern is an employee entitled to wages and other entitlements.
Learning objectives and activities must be documented to confirm the genuine educational nature of the arrangement. A placement in which the intern performs only routine productive work without any learning component is more likely to be characterised as employment. The learning objectives should relate directly to the intern's course of study and the activities should be designed to achieve those objectives.
Supervision arrangements must be clearly specified. The Fair Work Ombudsman has identified inadequate supervision as an indicator that an arrangement is not a genuine educational placement. The agreement should name the placement supervisor and describe the supervision structure, including the frequency of formal supervision meetings and the review of work product.
Work health and safety obligations are mandatory. Regardless of whether the intern is paid, the host organisation owes the intern the same WHS duties as it owes to paid workers under the Work Health and Safety Act 2011 (Cth) and equivalent state legislation. The agreement should set out both parties' WHS responsibilities and confirm that the intern will complete the required WHS induction before commencing.
Insurance coverage should be addressed explicitly. The agreement should confirm whether the host organisation's public liability and workers' compensation policies extend to the intern, and whether the educational institution's insurance also applies. Gaps in insurance coverage can expose the host organisation to uninsured liability.
The no-employment-relationship clause is essential. The agreement should expressly state that this is a vocational placement, not an employment relationship, and that the intern is not entitled to wages or NES entitlements by reason of this Agreement — subject to the arrangement remaining a genuine vocational placement as defined in the Fair Work Act 2009.
Additional compliance elements for a Internship / Vocational Placement Agreement (Australia) used in Australia include: Under the Fair Work Act 2009 (Cth), the Fair Work Commission (FWC) adjudicates workplace disputes. Section 394 of the Fair Work Act 2009 governs unfair dismissal claims. The Fair Work Ombudsman (FWO) enforces compliance with the National Employment Standards (NES). The Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs) govern personal data handling. The Australian Taxation Office (ATO) administers PAYG withholding and superannuation guarantee obligations under the Superannuation Guarantee (Administration) Act 1992. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Internship / Vocational Placement Agreement (Australia) (Australia) [Legal document template]. Forms Legal. https://forms-legal.com/australia/employment/contracts/internship-agreement-australia
"Internship / Vocational Placement Agreement (Australia) (Australia)." Forms Legal, 2026, https://forms-legal.com/australia/employment/contracts/internship-agreement-australia.
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author = {{Forms Legal}},
title = {Internship / Vocational Placement Agreement (Australia) (Australia)},
year = {2026},
howpublished = {\url{https://forms-legal.com/australia/employment/contracts/internship-agreement-australia}},
note = {Free legal document template. Based on Fair Work Act 2009 (Cth)}
}Also available for these jurisdictions:
Frequently Asked Questions
An unpaid internship is only lawful in Australia if it qualifies as a 'vocational placement' under s12 of the Fair Work Act 2009 (Cth) or if no employment relationship exists. A vocational placement is a placement undertaken as a requirement of an authorised course at an educational institution — a university, TAFE, registered training organisation, or similar body. The placement must be required by the course itself (whether as a mandatory component or as an elective subject chosen by the student). If the arrangement does not satisfy the vocational placement definition, an employment relationship may exist, entitling the worker to pay at National Minimum Wage rates (currently $24.10 per hour from 1 July 2024) and other National Employment Standards entitlements. The Fair Work Ombudsman (FWO) actively investigates and prosecutes unlawful unpaid work arrangements. The FWO has stated that where a business benefits from a person's work, and the arrangement cannot be characterised as a genuine vocational placement or as a situation where no employment relationship exists, the person must be paid.
Under the Work Health and Safety Act 2011 (Cth) — adopted in NSW, QLD, SA, TAS, ACT, NT and (from 2024) WA — a person who carries out work for a business or undertaking is a 'worker' to whom the PCBU (Person Conducting a Business or Undertaking, i.e. the host organisation) owes the primary duty of care under s19, regardless of whether that person is paid. Victoria's Occupational Health and Safety Act 2004 imposes similar duties. This means host organisations owe the same WHS duties to unpaid interns as they do to paid employees and contractors, including: providing a safe working environment; providing adequate information, training, instruction, and supervision; consulting with the worker about health and safety matters; and maintaining safe plant and substances. Failure to comply with these duties can result in substantial fines (up to $10 million for a body corporate in some jurisdictions) and criminal prosecution in cases of reckless disregard.
A 'vocational placement' under s12 of the Fair Work Act 2009 (Cth) is specifically a placement undertaken as a component of an authorised course of education or training. The key features are: (1) the student is enrolled in a course at an educational institution; (2) the placement is required by that course (whether mandatory or as an elected subject); and (3) there is no entitlement to pay under any contract, award, or agreement. Other forms of unpaid work — such as voluntary work for a charity, a 'trial shift' to assess suitability for employment, or an informal arrangement where a person works without pay to gain experience — are governed by different rules and may or may not be lawful depending on whether an employment relationship exists. The Fair Work Ombudsman has stated that most unpaid trials, 'work experience' arrangements outside formal vocational placements, and 'shadow shifts' will constitute employment if the person performs productive work for the business, regardless of how the arrangement is described.
Yes, insurance is essential for intern placements in Australia. Most educational institutions hold their own public liability and personal accident insurance policies that extend to students undertaking authorised placements as part of their course — but host organisations should not assume this coverage is adequate or that it eliminates the host's own insurance obligations. Host organisations should: (1) check whether their existing public liability insurance covers interns and students on placement; (2) check whether the educational institution's policy provides coverage and obtain written confirmation; and (3) check their workers' compensation policy, as interns who are deemed workers under state workers' compensation legislation (which varies by state) may be entitled to workers' compensation coverage. In some states and territories, unpaid students on placement may be deemed workers for workers' compensation purposes. Host organisations engaging interns should contact their insurance broker to confirm the extent of coverage.
Yes, an intern can be required to sign a confidentiality agreement in Australia, and this is a common requirement in professional services, legal, healthcare, and technology placements where the intern will have access to confidential client information, trade secrets, or proprietary systems. Confidentiality obligations imposed on an intern are enforceable as a matter of contract law. However, there are practical limits: confidentiality obligations cannot prevent an intern from using general skills and knowledge acquired during the placement in their future career, and they cannot prevent the intern from reporting illegal conduct or a breach of WHS obligations to authorities. For regulated professions such as law and healthcare, confidentiality obligations are supplemented by professional ethical duties (such as legal professional privilege and therapeutic privilege). The Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) impose additional obligations on host organisations that handle personal information, including ensuring that interns who handle personal information are aware of and comply with the organisation's privacy obligations.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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