Employing juniors – what you need to know

Hiring junior employees (under 21) can be a great way to support young people entering the workforce, but it’s important to be across the specific rules that apply. 

Here are some common pitfalls to avoid when hiring your next ‘junior’ employee.

Many Awards have junior pay rates, however, this isn’t always the case.

For example, the Building and Construction General On-site Award 2020 only provides junior rates for apprentices or trainees, meaning juniors not undertaking one of these must be paid the adult rate.

And if paying junior rates, it’s important keep track of their birthdays to ensure rate increases are applied. 

Always be aware of minimum engagements under the applicable Award, particularly if engaging juniors for short after school shifts.

Some awards, like the General Retail Industry Award 2020 allow shorter minimum shifts for juniors in these situations, but this is not universal. 

In addition to the Awards, state-based child employment laws apply.

In WA, for children under 15, there are restrictions on when and the kinds of work children can do – and parental permission is sometimes required.

For children 15 or over, these restrictions generally do not apply, providing they do not work during compulsory school hours unless as part of an approved program (e.g. school-based apprenticeship) or with a government exemption. Employers who breach these rules may face penalties.

Finally, this is another area where employers can be caught out, particularly small or family businesses, who may ‘help out’ an employee or family friend by offering some unpaid work experience to their child.

Unless it’s part of a formal arrangement with a school or a registered training provider, it’s unlikely to be lawful. 

1. Always check the applicable award.
2. Always check your state’s child employment laws before hiring juniors or offering unpaid experience.
3. Always ask if in any doubts before offering employment.

Contact us today for expert advice on ensuring your employment practices are compliant and up-to-date.

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