Important info for all young workers under 18
NSW child employment laws provide young workers under 18 years of age with fair conditions of work and employment protections.
The Industrial Relations (Child Employment) Act 2006 creates a safety net based on NSW awards and legislation and provides child workers with access to unfair dismissal protections.
From 22 May 2007 employers that operate under the federal industrial relations must comply with the No Net Detriment Principles made under the new law. The principles protect the pay and entitlements of workers under the age of 18 in NSW.
Who does this law apply to?
The law applies to young workers who are under 18 years of age who are employeed by a corporation under an individual contract 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 the federal industrial relations system?'
Another way to find out whether your employer is a corporation is to look for the letter 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 you work for:
· pay at the award rate plus pay for allowances which may cover things like tool allowance if you are using your own tools at work 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 register is short after a shift or for anything your employer might let you have while at work like a free drink or snack
· 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 Transitional Employment Agreement (ITEA), 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 new law. This might mean your pay goes up, or that some of your working conditions change.
To check if you are being paid correctly contact the Office of Industrial Relations on 131 628.
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 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.
More information on awards, enterprise agreements and ITEA's.
