Teenagers in Australia can undertake paid work under certain restrictions, with general employment rights also protecting young workers. Here’s what you need to know as a parent or guardian of a worker under 18.
Key Points
- There is no national minimum working age in Australia.
- Child employment laws set limits on types of jobs allowed and working hours.
- Make sure your child receives payslips and also keeps their own records.
- Parents can reach out to the Fair Work Ombudsman or get legal advice to help their child resolve a workplace issue.
- At what age can you start work in Australia?
- Can children work during school hours?
- What jobs are children not allowed to do?
- What are the rules for children employed in entertainment or advertising?
- Should I be worried my child is being underpaid?
- How can I help my child resolve a workplace issue?
At what age can you start work in Australia?
Each state and territory has its own laws about the age to start work.
To find out what rules apply for your child, visit the Fair Work Ombudsman’s webpage for young workers.
“They've got a page specifically on minimum working age.
“And you can check what age you can start work in your state or territory by looking at the links on the page,” Anastasia Coroneo says.
She is a senior solicitor at Youth Law Australia, a national legal service proving free, confidential advice to children and young adults.
Can children work during school hours?
Across Australia, there are limits on working hours and days for children to ensure employment does not disrupt schooling.
Generally, children of compulsory school age cannot be employed during hours of normal school attendance.
It's best to check with your state or territory education authority for the compulsory education age where you are.
There are some exceptions, such as in homeschooling.
“Whether homeschoolers can work during hours of normal school attendance, will depend on their state or territory homeschooling approval,” Ms Coroneo explains.
Exceptions may also apply for late-night work.
“For example, we get questions from parents who are distressed that their 16-year-old is working at a fast-food outlet till two in the morning on some nights.
“But actually, there's no prohibition against that in New South Wales from the age of 15.”
What jobs are children not allowed to do?
There are certain tasks children are not allowed to perform, although exceptions may apply, Kerry Brown, Professor of Employment and Industry at Western Australia’s Edith Cowan University, says.
Children must be only allowed to perform light duties, so they can't work in the construction industry for example.Professor Kerry Brown
Another nationwide restriction is that typically workers under 18 cannot sell cigarettes or alcohol.
“But in catering businesses in some states, for example, there are exemptions where people under the age of 18 can serve alcohol,” Prof Brown notes.
What are the rules for children employed in entertainment or advertising?
Performers, actors, and models of any age can be hired. But there are strict licensing and industry-specific requirements.
Prof Brown says many parents of children working in entertainment don’t know that employers are legally required to provide them with detailed information about their child’s work.
"Parents have the right to ask in anticipation of what the child will see, will hear and what they are going to do whether it's in a play, a movie or a photographic shoot."
Should I be worried my child is being underpaid?
Teenage workers can be vulnerable to underpayment.
The first thing a parent can do is ensure their child is getting paid accordingly to minimum rates for their age and the award they are under.
“Awards are explicit on hourly wage rates and penalty rates for weekend work and overtime,” the Fair Work Ombudsman’s Media Director, Matthew Raggatt, says.
Preparation time in the workplace counts as work too.
If your shift starts at 10am, and your boss says I need you to come in at 9.45 to get ready or open the shop, you need to be paid for that time as well.Matthew Raggatt
You should also check all hours worked have been paid, including any training and work trials.
“It is legal in some cases to have an unpaid work trial, but these are only allowed for a short time that may be from around an hour up to one shift.”
Employers are required to issue a payslip after every payment, but it’s important that your child keeps their own records too.
“A lack of records can make it difficult to address concerns about workplace issues like underpayments,” Mr Raggatt explains.
You can use record-keeping tools, such as the Fair Work Ombudsman’s ‘Record My Hours’ app.
It's also important to note that employers generally need to pay superannuation contributions for employees aged 18 and over. Employees under 18 are entitled to superannuation only if they work more than 30 hours in a week.
How can I help my child resolve a workplace issue?
If your child is facing a workplace issue, they cannot resolve on their own, you can reach out to the Fair Work Ombudsman.
As the national workplace regulator, they can enforce workplace laws around payment and general employment conditions.
“We can fine employers for not meeting their obligations. And if it gets to higher level unlawful behaviour, we can take court action as well,” Mr Raggatt says.
You may consider getting legal advice, including for workplace issues that the Fair Work Ombudsman cannot address, such as bullying and harassment.
Parents can also contact Youth Law Australia for guidance on what the law says.
“We encourage parents to help their children understand their rights and their responsibilities and then give some practical guidance about how to resolve any matters themselves,” Anastasia Coroneo of Youth Law Australia concludes.
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