Who is considered a young worker?

Child employment legislation applies to all workers under the age of 18. However, specific emphasis generally lies with children who are of school age, under the age of 15 or 16 (depending on state or territory), or are required to be at school.

Limitations on rostering

In many states and territories, there is a limit on how many hours a young worker can work. For instance, in Queensland, a school-aged child is only able to work one 4-hour shift on a school day and one 8-hour shift on a non-school day. Whereas in Victoria, children may work a maximum of 3 hours per day and 12 hours per week during the school term. This limit is increased to 6 hours per day and 30 hours per week during school holidays. Some states have adopted a far more relaxed approach to child employment such as Western Australia where children aged 15 to 16 are able to work except during school hours when they are legally required to attend school.

Limitations on responsibilities

Employers should ensure the nature of the work the young worker is being asked to undertake is appropriate for their age, size, and physical strength. Further consideration of the impact the work will have on the young worker’s development should also be taken. This extends to ensuring the level of responsibility the young worker has is consistent with their capacity to perform the work.

The requirement to supervise

In most states and territories there exists a requirement that school-aged children or young workers be supervised by an adult. This may require additional government authorisation of the supervising adult such as a Blue Card.  This obligation to supervise includes being near the vicinity of where the young worker is working and keeping in regular contact.

Obtaining parental consent

Before employing a school-aged worker, employers may be required to obtain parental consent. This can be done by using a parental consent form which includes:

• The child’s date of birth;
• The name of the employer;
• A statement from a parent consenting to the child performing the work for the employer; and
• Information from the school-aged child disclosing when the child is required to attend school.

Record-keeping requirements

Employers may also be required to keep records relating to the young worker’s employment. While differing from state to territory, these can include:

• The name, address, and contact telephone numbers of:
  • The child
  • The child’s parents.
  • An emergency contact nominated by the child’s parents; and
  • The child’s supervisor.
• The child’s date of birth and when their employment commenced;
• The nature of the work the child is employed to carry out; and
• A roster of when the child worked and copies of remuneration paid.

Ensuring compliance

For more detailed information, contact the Fair Work Ombudsman.