Students and contracts
Did you know that students under 18 are not permitted by law to sign any contracts? They may ask you to review a work contract before they make a decision.
Any arrangement between an employer and employee is bound by some sort of award, agreement or contract. Your child may not be familiar with such documenation and the terms used in those documents.
Since March 2008, the individual contracts known as Australian Workplace Agreements have been abolished. Many people will be employed on an Award or other collective agreements made betwen unions and employers. They are relevant to the workers in the industry whether they are in the union or not. In this case, students will not be signing any contracts.
They may, however, be asked to sign to say they accept the job, or to show that they have received information or materials, or to say they have commenced work.
There is another form of contract called an Individual Transitional Employment Agreement (ITEA) replacing AWAs. If asked to sign an ITEA, workers must make sure to read all the information about it first at the Workplace Authority site.
As with any contract, if aged under 18, a parent or guardian must sign. ITEAs are designed to remain in place until December 2009, and will be replaced when the government's new workplace relations arrangements are legislated for and put in place.
As with any employee, an employer is obliged to provide an outline of all the conditions of employment, and to ensure full access to Awards and Enterprise Agreements, in an area of the workplace accessible to all employees.
For any employee, an employer is obliged to provide an outline of all the conditions of employment, and ensure full access to Awards and Enterprise Agreements is possible for every employee, in an area of the workplace accessible to all employees.
Persons under 18 years are not permitted under law to sign contracts. Students should be given a copy to take home to show to their parents or carers. Experience shows they may also ask teachers for advice.
Research among students has shown that of the 6 in 10 students who signed a document in the workplace, few understood the meaning behind it.
New South Wales has legislation which protects workers under the age of 18 years. If under 18 years of age 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