Minimum Working Age

Each state and territory have its own rules regarding the age a young person can commence work and the hours that they can be engaged in paid work. This information can be found at: https://www.fairwork.gov.au/find-help-for/young-workers-and-students/minimum-working-age.

Further to this, Modern Awards may have rates of pay linked the age of an employee and also guidelines when parents/guardians need to be involved in decision making within the employment relationship.

For example, in the General Retail Industry Award 2020, employees under the age of 21 (which is considered the ‘adult’ age) will receive a percentage of the adult rate as their ordinary rate of pay. Employees under the age of 18 will also need the co-authorisation of guardian approval for:

• Agreeing to partake in an Individual Flexibility Arrangement;

• Requesting to cash out Annual Leave; and/or

• Agreeing to Take Annual Leave in advance

Employers will need to check the Awards applicable to their business to determine the parameters of employing a young person. Further to this, employers may need to undertake a Working with Children’s Check prior to employing junior employees.