Before you hire a student

Employers Information

What legislation covers the employment of workers under the age of 18?

There are very specific laws, rules and regulations that cover students in the workplace.

If aged under 18, parents or guardians have to sign anything on behalf of their children.

There are some laws, rules and regulations that cover workers aged under 18.

When signing legal documents, under-18s will require their parent or guardian to sign on their behalf.

New South Wales has legislation which protects workers under the age of 18 years.   If under 18 the employer needs to ensure that the worker receives pay and conditions in an AWA or other agreement that are not less overall than the existing NSW award which covers the work done.

The laws also protect young people from being unfairly dismissed and ensures that they have access to the NSW Office of Industrial Relations (OIR) and the Industrial Relations Commission.

If working in NSW, and the student thinks they are being treated unfairly, for example not receiving correct pay or breaks, or if have other questions, they can phone the NSW Office of Industrial Relations on 131 628. Enquiries are treated confidentially.

Students may be asked to sign other sorts of informal agreements (i.e. devised by individual employers) or other documents which verify that they have received important information (e.g. Occupational Health and Safety information). Make sure if they are under 18 that a parent or guardian signs.

The legislation can be read at:
http://www.legislation.nsw.gov.au/fullhtml/inforce/act+96+2006+FIRST+0+N?#fn

Get all the information you need here - Employers download
Login