Public holiday obligations, child employment laws and more - Wageline news December edition

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Employee / workerEmployer

10 December 2018

Wageline Newsletter provides information for employers in the state industrial relations system.  For information on what types of businesses are covered by the state system, visit the Wageline website

Christmas is coming! Make sure your employment arrangements are in check

The Christmas/New Year period is rapidly approaching and it is important to understand public holiday obligations for the festive season. This season's public holidays are:

  • Christmas Day, Tuesday 25 December 2018
  • Boxing Day, Wednesday 26 December 2018
  • New Year's Day, Tuesday 1 January 2019.

The Christmas New Year 2018/19 public holiday arrangements page provides:

  • an overview of the Christmas/New Year public holiday arrangements
  • detailed information on public holiday arrangements for state system employees who are award free
  • detailed information on public holiday arrangements for state system employees covered by 
    • the Shop and Warehouse Award
    • the Restaurant, Tearoom and Catering Workers Award
    • the Hairdressers Award.

For more information about employment obligations for the upcoming public holidays contact Wageline via wageline@dmirs.wa.gov.au or on
1300 655 266.

Compliance audit in progress - employment of children in equestrian industry

In September 2018, Private Sector Labour Relations conducted an education campaign promoting compliance by horse riding schools and equestrian centre businesses with the child employment provisions in the Children and Community Services Act 2004.

Over 150 businesses across Western Australia were provided with information on child employments laws for this industry.  The Children and Community Services Act 2004 (CCS Act) prohibits children under 15 working in horse riding schools and equestrian centres.  These child employment laws apply to all Western Australian employers. 

Following the education component of the campaign, selected businesses are now being audited by industrial inspectors from Private Sector Labour Relations to ensure that children are not being employed or otherwise engaged in breach of the CCS Act.

Visit the Employment of children laws in WA – horse riding schools and equestrian centres page for information on the compliance campaign and the laws on employing children in this industry.

Make sure you nail correct payment of nai​l salon workers

A campaign to promote compliance by nail salon businesses in the state industrial relations system with their legal obligations to pay staff correct wages and keep correct employment records is currently being undertaken by Private Sector Labour Relations.

Owners of nail salon businesses, which operate in the state industrial relations system, must provide the legal minimum pay rate to all staff.  It is unlawful for employers to pay employees less than the minimum rate of pay.

The state industrial relations system covers businesses which operate as sole traders, unincorporated partnerships and unincorporated trusts and their employees.  For more information on who is covered by the state system, visit www.dmirs.wa.gov.au/wageline.

Information has been sent to all nail salon businesses in the state system as part of the campaign, so if you operate a business in this industry, you should have now received this critical information.

The minimum hourly pay rate for a full time or part time employee aged 21 or over working as a manicurist is currently $19.13 and the minimum hourly pay rate for a casual employee aged 21 or over is currently $22.95.

Selected businesses are now being audited by industrial inspectors from Private Sector Labour Relations to ensure that employees are receiving their correct pay rates entitlements, and business owners are maintaining correct employment records.  If breaches are identified, Private Sector Labour Relations may initiate court action in the Industrial Magistrates Court.

The Nail Salons Education Campaign page on the Wageline website gives nail salon business owners more information on employment obligations. You can also visit www.dmirs.wa.gov.au/wageline, contact Wageline via wageline@dmirs.wa.gov.au or 1300 655 266.

Employing children over summer? Follow the laws about when and where you can

Employers are reminded of the legal requirements that apply when employing young people over the school holidays, and at all other times. 

Employers looking for help over the busy period need to understand that restrictions apply when employing young people and that they need to comply with obligations under the Children and Community Services Act 2004.  

Only certain types of businesses can employ children less than 15 years of age in Western Australia.  Children aged 13 or 14 can work in shops and restaurants between 6am and 10pm, but only with a parent’s written permission.

A 2017 proactive compliance campaign found that 95 per cent of employers in the fast food industry were complying with their legal obligations regarding the employment of children.

Private Sector Labour Relations has in the past prosecuted employers for allowing children under 15 to work after 10pm, and for employing children under 13.

The requirements concerning the employment of children also extend to parents - parents of children under 15 years should be aware that their children can only work in certain businesses.

Penalties can be imposed on both the employer and parent if they breach laws around employing children.

Visit our when children can work page for general information on child employment laws. 

Visit our employment of children laws - shop, restaurant, fast food or takeaway food business page for specific information for employers and store managers operating a shop, restaurant, fast food or takeaway food business.

Labour Relations
Bulletin
Last updated 10 Dec 2018

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