Employment rights for minors in Queensland

Australia’s legal framework is committed to ensuring the protection and fair treatment of workers in Australia, including the rights of workers under the age of 18. For young and often vulnerable workers, these laws ensure that they are not exploited, receive fair and adequate wages and are protected from unsafe working conditions, all whilst maintaining their access to education.

This blog will explore the key employee rights for minors, covering employment standards, working hours and minimum wage. We will specifically detail the restrictions in Queensland, with a brief overview of other States and Territories. In Queensland, restrictions and exemptions are in place and apply to minimum age of employment, maximum hours of work, shifts, breaks, prohibited hours and supervision.

Minimum age requirements for employment in Queensland

In Australia, there is no national minimum age for employment, but States and Territories have their own regulations governing the minimum age of employment. In most States, the minimum age to start working is between 13 and 15 years old. However, certain restrictions can apply depending on the industry and nature of work.

In Queensland, the Child Employment Act 2006 (Qld) (the Act) prohibits the employment of children below the ages that are specified in the Child Employment Regulation 2016 (Qld) (the Regulations). Additionally, it is important to note that the Act and Regulations (collectively, the Law for Employment of Minors) establish restrictions to safeguard working children, ranging from:

• the minimum working age;
• prohibition of certain types of clothing;
• inappropriate roles; and
• other restrictions.

Generally speaking, the minimum age for employment in Queensland is 13. The age is lowered to 11 when a child carries out supervised delivery work, such as delivering newspapers, advertising material or similar items between the hours of 6.00 am and 6.00 pm.

Working hours and breaks for minors in Queensland

The Law for Employment of Minors places restrictions on employers employing school-aged children and the hours that they can work. It establishes the differences between school days, non-school days, a school week and a non-school week.

A school day is defined as:

“…a day on which the school-aged child is required to attend school.”

A school week is defined as:

“…a week starting on a Sunday, during which the school-aged child is required to attend school.”

On a school day, a school-aged child can work a maximum of four (4) hours. On a non-school day, they can work a maximum of eight (8) hours. During a school week, a school-aged child can work a maximum of 12 hours, and during a non-school week, they can work a maximum of 38 hours.

The Regulations impose a restriction that unless a relevant industrial instrument (for example, an award or enterprise agreement) provides otherwise, a school-aged child must not continue to work after four (4) hours unless they have had a one-hour break.

There are also prohibitions on the times school-aged children may be permitted to work. School-aged children are prohibited from working between the hours of 10.00p m and 6.00 am on any given day. School-aged children who are between the ages of 11 and 13 and are performing delivery duties are prohibited from working between 6.00 pm and 6.00 am on any given day.

Minimum pay and other entitlements for minors

Minors under the age of 18 in Australia are entitled to receive a junior wage, which is a percentage of the adult minimum wage based on age. Any employee under the age of 21 is classified as a junior employee.

The Fair Work Commission (FWC) sets the national minimum wage, which is reviewed annually, and junior workers are paid a proportion of this wage according to their age. As of July 2024, the adult minimum wage per hour is $24.10, however the minimum hourly wage can vary in each industry or award.

For example, under the Fast Food Industry Award 2020, the minimum hourly adult rate is $25.65. Junior rates are applied at the following percentages of that minimum hourly adult rate:

• Under 16 years of age: $10.26 (40%)
• 16 years of age: $12.83 (50%)
• 17 years of age: $15.39 (60%)
• 18 years of age: $17.96 (70%)
• 19 years of age: $20.52 (80%)
• 20 years of age: $23.09 (90%)
• 21 years of age: $25.65 (100%)

The exact percentage varies depending on the industry or award under which the worker is employed. The minimum wage a minor receives will increase as their age increases. The FWC provides the following example:

“Carly is 17 years old and works in a shop. She’s entitled to 60% of the adult pay rate under her award. She turns 18 on 22 March. From 22 March she’s entitled to 70% of the adult pay rate.”

Employers are obligated to pay superannuation contributions of a minimum of 11.5% (as at July 2024) of an employee’s ordinary time earnings when they are under 18 years of age and work over 30 hours a week. If a school-aged child works less than 30 hours per week, there is no obligation for them to be paid superannuation.

Balancing work and education for young workers

As discussed earlier, employers are prohibited from scheduling work hours that conflict with school hours or late-night shifts that could affect a minor’s ability to attend school or complete their homework. Under the Fair Work Act 2009 (Cth) (the FW Act), if a minor is completing an apprenticeship or traineeship, employers must provide time for them to attend both their training and educational commitments.

It is important to note that the FW Act makes it an offence for an employer to require or allow a school-aged child to perform work when they are required to attend school. A parent commits an offence under the Education (General Provisions) Act 2006 (Qld) if they allow their child to work when they should be at school.

Other employment protections and entitlements for minors

Minors, like adults, are protected from unfair dismissal under the FW Act. Employers cannot terminate a minor’s employment without a valid reason, such as poor performance or misconduct, and must follow fair dismissal processes.

Furthermore, minors who are dismissed unfairly or are not paid their entitlements have the right to lodge a complaint with the Fair Work Ombudsman, who can assist them in resolving the dispute.

Minors are also protected by the same anti-discrimination laws as adults. Under the FW Act and various state-based anti-discrimination laws, it is illegal for employers to discriminate against minors on the basis of age, race, gender, sexual orientation or other protected attributes.

Minors are also entitled to fair treatment regarding their workplace rights, such as breaks, leave entitlements and access to benefits. For instance, even junior employees are entitled to paid sick leave and annual leave under the National Employment Standards if they are employed in permanent roles.

Other States and Territories of Australia

In Victoria, a minor must be at least 11 years old to deliver newspaper and advertising material and at least 13 years old to work in retail or hospitality.

In Western Australia, a minor must be at least 10 to deliver newspapers, pamphlets or advertising material. Minors from the age of 13 may work in retail or hospitality jobs.

In the Northern Territory and the Australian Capital Territory, the minimum age of employment is 15 years old.

In South Australia, Tasmania and New South Wales, there are no minimum working age restrictions.

Australia’s legal framework for minors in the workplace strikes a balance between allowing young people to gain work experience and ensuring their rights are protected.

Setting clear rules on minimum ages, work hours, wages and safety protects them from exploitation while allowing them to learn important life skills in a safe environment. Understanding these rights is crucial for young workers, their parents and their employers to ensure compliance with the law and promote fair working practices and conditions.

Get help from an employment lawyer

If you’re a child or parent of a child in employment, and you believe your child’s workplace rights and entitlements are not being met, you should seek legal advice about your options. Our award-winning employment lawyers can assist you with any issues you may be having in the workplace.

Contacting Hall Payne Lawyers

You can contact us by phone or email to arrange your consultation; either face-to-face at one of our offices, by telephone or by videoconference consultation.

Phone: 1800 659 114
Email: general@hallpayne.com.au