Child employment watchdog issues warning to businesses ahead of summer holidays

The summer holidays are fast approaching and Victoria’s child employment watchdog, Wage Inspectorate Victoria, is urging businesses planning to hire kids over summer to apply for a child employment licence now to avoid being understaffed.

Many businesses will hire kids on school holidays to help manage seasonal demand and extended opening hours, particularly in the retail and hospitality sectors. But children under 15 cannot start work until a child employment licence is issued. Child employment licences are free but can take up to 10 business days to be processed.

The child employment licensing system helps protect kids by ensuring the employer understands workplace risks and has measures in place to keep young people safe, and that it knows about rules relating to supervision, rest breaks and working hours.

In Victoria, businesses can hire kids as young as 13 in industries such as retail and hospitality, but they need a licence to employ anyone under 15. A business can employ multiple children under one licence, and must adhere to rules around supervision, work hours, and rest breaks.

Wage Inspectorate officers will be inspecting businesses across the holiday period again this summer to ensure those employing children under 15 are abiding by the state’s child employment laws.

Last summer, officers visited summer holiday hotspots along the Surf Coast and found that 89% of businesses employing a child under 15 were breaching at least one aspect of the law.

Employing kids under 15 over school holidays can be win-win, with businesses getting enthusiastic staff to help manage the festive season, and kids getting valuable experience and earning spending money. But the Wage Inspectorate warns that it needs to be done safely and legally or businesses may be subject to fines of more than $200,000.

Quotes attributable to Robert Hortle, Commissioner of Wage Inspectorate Victoria

“Kids under 15 cannot start work until the business has a licence. So, if you don’t apply for a licence in time, you risk having to delay the child’s start date and being short staffed.”

“The lead up to the festive season can be a busy time, so it’s important for employers to plan ahead and leave enough time to apply for a licence and familiarise themselves with the law.”

“Child employment licences are free, the laws are easy to understand and the Wage Inspectorate is here to help, so there’s really no excuse for noncompliance.”

“Parents have a role to play here too. If your child is under 15 and starting their first job over summer, make sure the employer has a child employment licence. It’s a simple step you can take to ensure they have considered your child’s wellbeing.”

Background

Victoria’s child employment laws require employers of children under 15 to have a child employment licence before any work takes place, and to comply with Child Safe Standards.

Workers under 15 must be supervised by someone who holds a valid Victorian Working with Children Clearance (unless exempt).

Child employment laws restrict when businesses can employ children and how long they can work:

• during a school term, children can be employed for a maximum of 3 hours a day and 12 hours per week
• during school holidays, children can be employed up to 6 hours a day and 30 hours a week
• children can only work between 6am and 9pm.

Children must also receive a 30-minute rest break after every 3 hours work and have at least 12 hours break between shifts.

Further information can be found at wageinspectorate.vic.gov.au.