Bright cafe pleads guilty, fined for child employment breaches

The charges were detailed in the latest matter filed by Wage Inspectorate Victoria, against Schultz & Associates Pty Ltd, trading in Bright as The Riverdeck Kitchen, for employing two children under the age of 15 without a permit between April and August 2021.

In Victoria, employers require a permit before a child under 15 years of age can be employed, unless an exemption applies, such as for children employed in family businesses. When a business fails to apply for a permit, the Wage Inspectorate’s responsibility to ensure children are working in safe and appropriate environments is impeded.

The Wage Inspectorate began investigating The Riverdeck Kitchen after receiving intelligence that included a tip-off from a member of the public. The investigation found the business was aware in mid-2021 that it required permits for two children it employed, but that that it did not apply for permits until after it was contacted by the Wage Inspectorate a month later.

In sentencing, Magistrate Reynolds decided not to impose a conviction, noting the business’s cooperation with the investigation, its early admission and plea, and the good character of the owners.

His Honour said the fine would have been $15,000 had it not been for the accused’s guilty plea.

Quotes attributable to Commissioner of Wage Inspectorate Victoria, Robert Hortle

"This is a cautionary tale for any business that overlooks child employment laws. The safety of kids in the workplace is paramount, not something that can be delayed or ignored."

"The Wage Inspectorate is here to help people employ kids under 15 safely, because we know they can be an asset to a business and that they’ll benefit from the experience."

"If employers fail to apply for permits, we’re unable to assess the risk of employment to a child and check that their health, safety and welfare will be protected, potentially putting the child at risk."

"All workplaces have risks, and these are magnified for young, inexperienced employees, so speak with the Wage Inspectorate to get the information you need to create a safe workplace for them."

Background

Permits are free, and the online application process to receive one is fast and straightforward. Employers can apply online at wageinspectorate.vic.gov.au.

A prosecution is the Wage Inspectorate’s most serious compliance tool and decisions to take legal action are made in line with its Compliance and Enforcement Policy.

Other recent child employment court outcomes include:

• In October 2021, a travelling circus pleaded guilty in the Magistrates’ Court of Victoria to breaking child employment laws and was ordered to pay $21,000 in fines and costs.
• In June 2021, a fashion company that owns and licences various iconic brands was also fined after pleading guilty in court to five charges laid by the Wage Inspectorate.