Rights & Responsibilities

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Child labour laws in NSW - what young workers need to know

Got a Job - Know the Deal! Information for young workers  (Fact Sheet in PDF)

In 2006 the NSW Government introduced a law which requires all workers under the age of 18 in NSW to be provided with fair conditions of work and employment protections.

From 22 May 2007 employers that operate in the federal industrial relations system must comply with the No Net Detriment Principles made under the law.

The principles protect the pay and entitlements of workers under the age of 18 in NSW.

The law is called the Industrial Relations (Child Employment) Act 2006.

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Who does this law apply to?

The law applies to young workers who are under 18 years of age who are employed by a corporation under an individual or collective agreement which started after 27 March 2006.

The best way to find out if you work for a corporation is to ask your employer. For example you could ask 'Is this organisation a corporation?' or 'Is this organisation covered by federal laws?'

Another way to find out whether your employer is a corporation is to look for the letters Ltd, Pty Ltd or ABN on:

• Your pay slip
• Other documents your employer has given you, like the letter you should have been given when you first started work describing your pay and conditions
• Receipts or invoices given to customers.

Remember it is ok to ask your parents and friends for help to find this information.

What does this mean for my pay and employment conditions?

If you are under 18 and employed under an agreement your pay and conditions must be equal to those of the NSW award. Your employer has to provide you with the following conditions, if they are included in the award for your work:

• pay at the award rate plus pay for allowances which may cover things like a tool allowance if you're an apprentice or a laundry allowance if you have to wear a uniform
• payment for all the work you do including when you're being trained or on probation, plus pay for overtime
• regular payment in money and in full - without deductions for if you break something, if your cash register is short after a shift or for anything your employer might let you have while at work like a free drink or snack, or DVDs
• special requirements for children (the award might require that if you're under a certain age there must be an adult supervisor on the shift, or that there has to be a certain number of tradespeople for apprentices)
• shift hours which start after a certain time in the morning, or end before a certain time at night
• transport home, or pay for transport home after a late night shift
• reasonable notice of rosters and changes of shift or working hours
• annual leave and other forms of leave like sick leave or bereavement leave if someone close to you dies
• arrangements which improve your safety at work, like providing you with safety equipment, protective clothing or safety training.

Your agreement will list your pay and conditions of employment, written down in an individual agreement, a collective agreement or another type of employment contract your employer may give you to sign.

If you signed an agreement after 27 March 2006 and it is not on balance equal to the NSW award, or does not include any of the conditions listed above, your employer will have to make some changes to comply with the law. This might mean your pay goes up, or that some of your working conditions change.

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What does this mean for my employer?

The child employment law requires that all corporations in NSW must provide young workers with fair pay and employment conditions.

The law means NSW inspectors can check whether you are receiving fair pay and conditions.

If it is found your employer is doing the wrong thing, the inspectors can require your employer to give you what you are entitled to.

If your employer refuses, the inspector can fine or prosecute your employer in a court.

The Office of Industrial Relations has a website for employers to use to help them provide you with the right pay and conditions.

If you have been underpaid, you can take your own action to recover the wages owed to you. The Office of Industrial Relations can help you do this. Call 131 628 or ask a question online.

What if I'm dismissed from my job?

If you have been dismissed by your employer since 24 October 2006, and you feel that your dismissal was unfair, you can make a claim for unfair dismissal.

Claims for re-instatement or compensation for unfair dismissal are made to the NSW Industrial Relations Commission.

The Office of Industrial Relations can help you find out what you need to do. Call 131 628 or ask a question online.

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What is a NSW award?

An award sets out the rights and obligations of employers and employees engaged in particular types of work. There are many different types of awards covering different industries and occupations.

NSW awards cover conditions of employment including:

§       hours of work

§       pay rates, penalty rates, overtime and other loadings, such as annual leave loading

§       allowances, for example, tools or uniform allowances

§       leave entitlements

§       employment protection provisions, for example, redundancy payments

§       part-time or casual work.

Your employer must provide you with the minimum pay and conditions set out in the NSW award, as well as display the award which covers your work in the workplace so you and other workers can see it.

If you are not receiving the minimum pay or conditions as set out in the NSW award, contact the Office of Industrial Relations on 131 628 or ask a question online.

To find out which NSW award covers you visit Awards Online or call 131 628.

What are individual or collective agreements?

An individual agreement details your pay and conditions that you and your employer have agreed to through a process of negotiation. The pay and conditions are written down in an individual employment contract, such as an existing Australian Workplace Agreement or an Individual Transitional Employment Agreement.

Your employer should guide you through the agreement explaining what your conditions are and how they affect you.

While negotiating your individual agreement it is a good opportunity for you to think about what is being offered and to ask for any changes that will help you balance school and work, before you sign.

A collective agreement details your pay and conditions negotiated between your employer and the employees at your workplace. You may have been part of these negotiations, or they may have taken place before you joined the workplace. The pay and conditions are written down in an agreement and are then legally enforceable. A collective agreement will apply to you even if you joined the workplace after it was made.

More information about individual and collective agreements is available from the federal government by calling 1300 366 632 or ask a question online.

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Getting paid and other important information

There is no such thing as unpaid trial work. You have the right to be paid for any work that you are required to do during the course of your trial period. Don't let anyone tell you otherwise.

Your employer should do the following:

• Provide you with a pay slip. It is a good idea to keep your pay slips
• Pay you on time
• Provide you with a letter which includes your pay, condition and the duties you will perform, when they first offer you the job.

For more information check out Offered a Job? Know your legal rights.

If you have any questions about work or pay, you can contact the Office of Industrial Relations for help on 131 628 or ask a question online.