Junior workers in Australia are generally between 13 and 21 years old, and understanding the laws that apply to them is crucial. Young workers bring energy, new ideas, and enthusiasm to the workplace—but they may not be familiar with their rights, entitlements, or employer expectations. Likewise, employers must ensure they comply with workplace laws to avoid costly breaches.
In this comprehensive guide, our employment lawyers explain the legal protections for young workers, how to correctly pay and manage junior staff, and the key obligations employers must follow to stay compliant with the Fair Work Act and relevant Modern Awards.
Key Takeaways
When employing junior workers, you must understand:
- The employee’s correct job classification
- The minimum pay rate that applies based on age or Award
- The hours they are legally allowed to work
- The duties they can and cannot perform
- Whether a relevant Modern Award or enterprise agreement applies
Employers who prioritise the development, safety, and wellbeing of young employees can build a loyal and high-performing workforce.
Minimum working age
Each Australian State and Territory sets its own rules for the minimum age of employment, the types of work permitted, and restrictions on working hours.
Generally:
- Children may work limited hours outside school time.
- Parental consent is usually required.
- Some industries (such as alcohol service or door-to-door sales) may have stricter age limits.
Employers must check the laws in their jurisdiction to ensure full compliance before hiring a young worker.
Junior Pay
Most Modern Awards and enterprise agreements set out minimum junior rates based on the employee’s age. These rates are typically a percentage of the adult wage for the classification.
Key points:
- If an Award or agreement contains junior rates, employers must use them.
- If the Award or agreement does not include junior rates, the young worker must be paid the full adult rate.
- If no Award or enterprise agreement applies, the National Minimum Wage (junior rates) must be used.
- Employers may pay more than the minimum, but never less.
Serving alcohol?
In most industries, junior workers who serve or sell alcohol must be paid the adult rate, regardless of their age. This applies even if alcohol service is only a small part of their hospitality duties.
Unpaid Work
Under section 323 of the Fair Work Act 2009, employers must pay employees for all hours worked.
This includes:
- Training time
- Team meetings
- Opening and closing duties
- Trial shifts (beyond what is reasonable)
A trial shift may only be unpaid if it meets all criteria:
- It lasts only as long as needed to demonstrate the worker’s skills.
- The shift is genuinely observational.
- The worker is directly supervised at all times.
Anything beyond this must be paid at the correct rate.
Work experience and student placements
A student can work unpaid only if the placement qualifies as a “vocational placement” under the Fair Work Act. This applies when:
- The placement is part of a formal education or training course, and
- The institution formally requires the placement.
If the young person performs productive work outside of a vocational placement, they must be paid.
Employer Obligations
Record-Keeping Requirements
Employers must maintain accurate records, including:
- The junior employee’s date of birth
- Reminders to increase pay when they have a birthday
- Award or agreement details
- Records of any unpaid work arrangements
Health and Safety
Young workers may be unfamiliar with workplace risks. Employers should:
- Clearly explain rights, responsibilities, and workplace expectations
- Support school or training commitments
- Provide training appropriate to their age and experience
- Consider assigning a mentor or buddy
- Address performance concerns early, with clear guidance
Additional Considerations
Junior workers may:
- Have legal restrictions on tasks and work hours
- Require parental or guardian consent for certain arrangements under Awards or agreements
Frequently Asked Questions
1. What is the minimum age to start work in Australia?
The minimum working age varies by State and Territory. Some allow limited work from age 13, while others restrict work until 14 or 15. Employers must check their local laws to ensure compliance.
2. How much should junior workers be paid?
Junior pay depends on the applicable Modern Award, enterprise agreement, or the National Minimum Wage. Rates are usually a percentage of the adult wage and increase on the worker’s birthday.
3. Can a junior worker be unpaid during a trial shift?
Only in very limited circumstances. Trial shifts must be short, supervised, and strictly to assess suitability. Most trial work must be paid.
4. Do junior workers need to be paid the adult rate if they serve alcohol?
Yes. If a junior worker sells or serves alcohol, they must receive the adult rate, even if they are under 18.
5. When is unpaid student work legal?
Unpaid work is only lawful when it is a vocational placement that forms part of an approved education or training course. Any other productive work must be paid.
