Shop, retail outlet or restaurant
Restrictions, based on the child’s age, apply to the employment of children, who work in shops, retail outlets and restaurants.
Employers employing children have an obligation to ensure that they are not employing or contracting work to children contrary to this legislation. Employers found breaching this legislation may be prosecuted and face fines of up to $24,000.
The following guidelines are provided to assist employers, operating businesses in the retail and restaurant industries, to meet their obligations when employing children.
These provisions do not apply to a child employed in a family business.
Children Under 13
It is unlawful to employ a child who has not reached the age of 13 years in a shop, retail outlet or restaurant, unless the child is employed in ‘family business*’.
An employer breaching this provision may be prosecuted and liable for a fine of up to $24,000
*A family business is defined as, ‘a business or trade or occupation carried on by a parent or other relative of the child’.
Children aged between 13 and 15
A child aged between 13 and 15 years may be employed in a shop, retail outlet or restaurant; however:
- prior to the child commencing work the employer must have written permission from a parent of the child*;
- the child must not work prior to 6am;
- the child must not work after 10pm; and
- the child must not work during school hours.
An employer breaching any of these provisions may be prosecuted and liable for a fine of up to $24,000.
*It is strongly recommended that employers retain, and be able to produce the original written parental permission during and after the period of employment of a child aged between 13 and 15 years.
Children Aged Between 15 and 16 years
An employer operating a shop, retail, outlet or restaurant may employ a child aged between 15 and 16 years; but not during hours the child would normally attend school.
In Western Australia the lawful age for a child to leave school is in the year the child turns 16. A parent of a child may make application to the Department of Education and Training for a child to be exempt from this provision. For further information on obtaining an exemption visit www.det.wa.edu.au
Children Aged over 16 years
There are no restrictions on employing a child over 16 years in a shop, retail outlet or restaurant.
For a comprehensive overview of all the provisions relating to children in employment, view the New Employment of Children Laws Brochure or contact Wageline on 1300 655 266.