Hiring young workers: Everything employers need to know

There are many advantages to hiring young people, known in Australia as ‘junior workers’. Young people offer fresh perspectives and can help your company grow, making it a better place for your whole team. But hiring young people is not without risk from a legal and safety standpoint.

The law regulating the hiring of young people in Australia is set out in the Children and Young Persons (Care and Protection) Act 1998. And making sure you follow these rules is vital.

So, we’ve put together some handy advice to help you hire young people compliantly and safely.

What does the law say about hiring young workers?

The law defines a child as a person under the age of 16 and a young person as someone aged 16 or 17.

In most areas, young workers have the same employment rights as other employees. But there are specific rules and extra protections employers must put in place.

Before hiring a young person, employers must verify their age by reviewing their birth certificate or other valid proof of age. If the young person is under 16, the employer must also get written consent from the person’s parent or guardian.

What are the maximum working hours young workers can work?

In Australia, a person over 17 can legally work full-time, but the maximum working hours for under 17s depends on their age, school attendance and activity.

All employers need to make sure that:

• a child works only one shift per day

• a child does not start work less than 12 hours after previously finishing work

• a child works for 4 hours or less on the same day as attending or receiving schooling

• appropriate rest breaks are provided to children – see information below

• a child does not work later than 9:00pm on a night before attending or receiving schooling

• a child’s combined work and schooling hours during one week is 50 hours or less.

For specifics on ages and their corresponding professions (eg. Live performances) refer to the NSW Office of the Children’s Guardian Breakdown.

How do you pay young workers in Australia?

In Australia, young workers (under 21 years old) are typically paid a percentage of the adult minimum wage based on their age, which is called a "junior rate," as outlined in their relevant award or enterprise agreement; if no specific junior rate exists, they are paid the full adult rate; this percentage usually increases as they get older and can be checked through the Fair Work Ombudsman website. 

The National Employment Standards (NES) guarantees younger workers will accrue annual leave and public holidays in the same way as other employees, meaning they are entitled to the same amount of paid leave and will be recognized for public holidays regardless of their age, as long as they are employed under the same conditions.

What happens if you do not comply with the rules?

If you get the rules around hiring young people wrong, you could face legal repercussions, including fines, complaints to the Fair Work Ombudsman, potential lawsuits for violating their employment rights, and damage to your company's reputation. Since young workers have specific protections under Australian law regarding working hours, pay, and suitable work conditions; failing to adhere to these can lead to significant consequences. 

Key points to remember about hiring young people:

• Age restrictions: You must comply with minimum age requirements to employ someone depending on the type of work. 

• Work hours limitations: Specific limitations exist on how many hours young people can work per day and per week, especially if they are still attending school. 

• Dangerous work restrictions: Certain hazardous jobs may be prohibited for young workers. 

• Proper supervision: Employers must ensure adequate supervision for young employees, especially in high-risk roles. 

• Pay requirements: Young workers must be paid the minimum wage or relevant award rat

What safety regulations do you need in place when hiring young workers?

When hiring young workers, safety regulations should include thorough risk assessments tailored to their age and experience, adequate supervision, age-appropriate safety training, restricted access to hazardous machinery, provision of suitable personal protective equipment (PPE), clear communication of safety policies, and regular monitoring to ensure compliance with safety procedures; all while considering the specific hazards of the workplace and the young worker's capabilities. 

Key aspects of safety regulations for young workers:

• Age-appropriate work assignments: Ensure the tasks assigned are suitable for the young worker's age and physical development. 

• Strict supervision: Provide close supervision by experienced staff who are trained in managing young workers. 

• Comprehensive safety training: Deliver detailed safety training specific to the job, including hazard identification, proper use of equipment, and emergency procedures. 

• Regular safety checks: Conduct routine inspections of work areas and equipment to identify potential hazards. 

• Access restrictions: Limit access to hazardous machinery and chemicals, and ensure proper safety devices are in place. 

• Clear communication: Communicate safety rules and expectations clearly to young workers, ensuring they understand their responsibilities. 

• Reporting procedures: Establish a system for young workers to report any safety concerns or incidents without fear of repercussions. 

• Parental consent (if applicable): Depending on local laws, obtain written parental consent before employing a young worker. 

Get expert HR support when hiring young workers

Even with all this advice, everchanging regulations, rules, and issues of compliance can catch an employer off guard. That’s where HR software comes in.

With BrightAdvice, you can get round-the-clock HR support from our employment relations advisors, who are always on hand to guide you on a range of employment topics. Plus with our handy HR documents and templates library you can ensure that even your young worker’s have the correct employment contracts in place and access to accurate HR policies.

Book a personalised demo or call 1 300 029 198 to learn more.