NSW Employing workers under 18 years age

If you employ staff that are under the age of 18, under NSW child employment laws, special rules will apply to their rates of pay and conditions, their rights on dismissal and your record keeping obligations.  This information sheet gives you an overview of your obligations.

Which Employers are covered by the child employment laws?

All employers of employees who are under 18 are covered by these laws even if you employ under the federal industrial relations system (e.g. companies).

How do you comply?

You will need to follow the no net detriment test.

A net detriment occurs when compared against the minimum conditions of employment in the comparable NSW award and industrial relations legislation, the child is worse off overall.

In essence, if you are a company and employ under the federal industrial system you need to ensure you are paying your employees who are age under 18 the higher of the rate of pay under the federal pay scales or the State award.

In addition, you will also need to provide the following to your employee, if it is also in their state award:

• Payment for allowances (tool, travel, etc)
• Payment for all work performed, including during training, probation and overtime
• Regular payment in money without deductions for breakages, shortages or d eductions for any good or services provided to the employee
• Special supervision requirements (eg for apprentices)
• Limits on late or early or shift work
• Late night transport arrangements
• Reasonable notice of roster and changes of hours or shifts
• Entitlements to sick pay and annual leave
• OHS requirements

You must also comply with the State record keeping requirements and pay slip requirements.  If you comply with the federal record keeping requirements you will comply with State requirements. For more information about how to comply please refer to HIA’s Information Sheet on Record Keeping Requirements.

Unfair Dismissal Rights

Employees under 18 also are protected from unfair dismissal and can make a claim in the State system.

An unfair dismissal claim can not be made if the under 18 employee’s employment is terminated within the 3 month probation period, or for short term casuals.

For more information call the HIA member Hotline on 1300 650 620.

_{DISCLAIMER - the above is intended to provide general information in summary form. the contents do not consitute specific advice and should not be relied upon as such. formal specific advice should be sought by members with respect to particular matters before taking action.}