Employing someone under the age of 18 is governed by federal, state or territory laws, as well as any applicable award. These laws may relate to the employment of school-aged persons, state child employment laws and the relevant school leaving age.

Generally, you can employ a school-aged person outside the hours they are required to attend school, subject to the restrictions under the relevant state or territory child employment law.

You cannot employ someone who is aged below the minimum school leaving age (as determined by the relevant state or territory education law) if it prevents their attendance at school or participation in school activities. However, you can if they are participating in a school-based apprenticeship or school-based traineeship, or an accredited work-experience program arranged through the participating educational institution.

The minimum school leaving age in the Northern Territory and the Australian Capital Territory is 15 years. In New South Wales, Victoria, Queensland, South Australia, Western Australia and Tasmania, students must remain in some form of education, training or employment till 17 years of age (or completion of Year 10). 

Modern awards and age restrictions

Most modern awards do not prescribe a minimum age regarding the employment of young persons, except in respect of certain classes of work regarded as dangerous or unduly arduous, or the performance of work after certain hours, for example, late night work.

These restrictions may be regulated by the relevant state or territory child employment legislation or workplace health and safety legislation.

Junior wage rates

A modern award which covers occupations that are a trade, semi-skilled or unskilled in nature may not prescribe junior rates of pay. In this case, a person is paid the appropriate adult rate of pay regardless of their age. 

Modern awards that do not provide junior rates include: Building and Construction General On-Site Award 2010; Cleaning Services Award 2010; Market and Social Research Award 2010; and Quarrying Industry Award 2010.

Most modern awards do prescribe junior rates, such as clerical, retail and storage industries.

Refer to the applicable modern award to determine the rate of pay for a junior employee.

Parental/guardian permission

Some state legislation requires an employer to obtain written permission from a young person’s parent or guardian before being employed, although this usually applies to those under 16 years of age. It’s prudent to obtain permission from a parent or guardian of a young employee regardless of any state or territory legislative requirement.

State/territory laws

Most states and territories have child labour laws in recent years. Such legislation exists in New South Wales, Victoria, Queensland, Western Australia and Australian Capital Territory, with the South Australian government considering the introduction of similar legislation.

NSW

Victoria

Queensland

Western Australia 

ACT