Young Workers. A guide to rights and responsibilities at work for young people and employers. safe, fair, productive working lives

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1 Young Workers A guide to rights and responsibilities at work for young people and employers safe, fair, productive working lives

2 If you are a young person thinking about starting work, or you are thinking about employing a young worker, this guide will help you understand your respective rights and responsibilities. Young workers can be vulnerable and at increased risk of workplace injury due to lack of experience, maturity and awareness. They may also be: still developing their skills, competencies and physical capabilities unaware of their rights and responsibilities unaware of their responsibilities and the duties of their employer regarding work health and safety unfamiliar with appropriate workplace behaviours reluctant to make requests, ask questions or speak out about problems overly keen to please and make a good impression over-confident of their capabilities. Here are some of the important things to be considered. Employers An employer is someone who employs a person to carry out work for them or on their behalf. An employer can be: a sole trader a partnership a corporation local government (council) state or commonwealth government the trustee of a trust. A workplace includes any place where a worker goes, or is likely to be, in the course of their work. This includes a vehicle, vessel, aircraft or other mobile structure. Workers A worker, also referred to as an employee, is someone who carries out work for an employer, on a full-time, part-time or casual basis. Under South Australia s work health and safety laws, a worker also includes: students participating in a school-based work experience program volunteers labour hire employees apprentices and trainees. You should consider developing an induction program specifically for young workers, given that they may be starting their first job. You should consider preparing a preemployment checklist. In preparing your checklist determine what information you already have and what information you need to prepare for your new job. Minimum working age There is no minimum working age in South Australia. However, it is a requirement of the Education Act 1972 that a child of compulsory school age (between 6 and 16 years of age) cannot be employed during the hours that they are required to attend school. Nor are they allowed to work at a time that is likely to render them unfit to attend school or to obtain the proper benefit from such attendance during the school week e.g. working late at night or early in the morning.

3 Pay and employment conditions There are two sets of laws that establish pay and employment conditions in South Australia. South Australia s private sector employers are in the national workplace relations system covered by the Fair Work Act 2009 (Cth). South Australia s public sector and local government are in the state industrial relations system covered by the Fair Work Act 1994 (SA). Government and non-government organisations where you can get advice and information on wages and conditions of employment are listed on the SafeWork SA website at safework.sa.gov.au. For an extensive range of employment information visit the Fair Work Ombudsman website at fairwork.gov.au or contact them on The website features an electronic wages and award tool to help you find the correct pay rate, award and conditions of employment (like annual leave and sick leave). It also contains specific information and advice to assist businesses that employ young workers. If you are going to work in the public sector, the SafeWork SA website safework.sa.gov.au has a broad range of information. If you are going to work in the private sector, the Office of the Fair Work Ombudsman website at fairwork.gov.au contains a range of employment information, including an electronic wages and award tool to help find your award and conditions of employment (e.g. annual leave, sick leave). If you need help to find out which workplace relations system applies to you, contact the SafeWork SA Help Centre on Traineeships and apprenticeships A traineeship or apprenticeship involves agreeing to (and signing) a training contract. The training contract contains a number of specific training conditions and responsibilities for both workers and their employers. Specific advice should be sought as part of a pre-employment checklist. A number of government and non-government organisations can provide information and advice on traineeships and apprenticeships for both workers and employers. You could start by contacting the Department for Further Education, Employment, Science and Technology on or visit dfeest.sa.gov.au. If you are employing a young worker as part of a vocational education and training (VET) in schools program, you should consult with the student, the school VET co-ordinator/ broker and the young worker s parent(s) or guardian. If you are experiencing problems, you should contact the appropriate traineeship or apprenticeship authorities or advisors before taking any action. If you are thinking about doing a VET in schools traineeship or apprenticeship, you should get advice and information from the school VET co-ordinator, as well as discuss this with a parent or guardian. If you are experiencing problems, you should contact the appropriate authorities or advisors before taking any action.

4 Probationary periods, work experience and trial work A probationary period can be used to assess if a worker is suitable for the job. It is not a separate period of employment and so a probationary worker should receive the same pay and entitlements as someone who isn t on probation. Work experience is the term usually given to a work placement associated with a young person s education. Many high school students will undertake unpaid work experience as part of their school curriculum. TAFE and university students also do work placements as part of their course, and these are typically not required to be paid. Most other forms of work experience are no different to trial work. Trial work should be paid if the worker is performing tasks that are of benefit to a business and would normally be undertaken by a paid worker. Unpaid work trials should only occur if it involves no more than a demonstration of a person s skills or observation of others performing the work. Unless it is part of an education or vocational placement, a person undertaking any form of work experience or trial work that is of direct benefit to your business should be paid the legal minimum pay rate for that type of work. A trial period can only be legally unpaid if it is necessary to evaluate your suitability for a job. It should only consist of you demonstrating your skills relevant to the job s required tasks. Work health and safety Under the Work Health and Safety Act 2012 (SA), an employer is known as a Person Conducting a Business or Undertaking (PCBU). A PCBU has a primary duty to ensure, so far as is reasonably practicable, that the health and safety of their workers is not put at risk from the conduct of the business or undertaking. This duty also applies to others in their workplace, like clients, visitors, customers and volunteers. The PCBU is required to provide: a safe work environment safe plant and structures safe systems of work safe use and handling of plant, structures and substances adequate facilities to support the welfare of workers information, training, instruction and supervision monitoring workers health and workplace conditions to prevent illness or injury of workers. You need to provide new workers with sufficient information, instruction, training and supervision to ensure that they are competent to work safely. An induction into the business, including working through your current policies and procedures, is a great way of conveying safety standards and expectations to new workers. For more information, including a useful seven-step guide for small business, visit the SafeWork SA website at safework.sa.gov.au or call the Help Centre on Before starting work in a new job you should be inducted and trained to ensure that you are able to work safely. Your PCBU should have policies and procedures in place in relation to health and safety issues, and must ensure that you are adequately supervised. You also need to take care of your own safety and the safety of others. Remember, you should never be forced to do anything that is unsafe. If you become aware of an unsafe situation, stop the work and report it to your supervisor immediately. This publication is licensed under a Creative Commons Attribution Australia Licence v3.0. For terms see: Disclaimer While care has been taken to ensure the accuracy and currency of the information in this publication, at the time of reading it may not be sufficiently accurate, current or complete to suit your individual needs. Reliance on the information in this publication is at your own risk. SafeWork SA accepts no liability for any loss resulting from your reliance on it. To best meet your work health and safety obligations refer to current Acts, Regulations and Codes of Practice.

5 Workplace behaviour Young workers, particularly those starting a job for the first time, are usually unaware of how to deal with inappropriate workplace behaviours like discrimination, harassment and bullying. Workplace policies should be implemented in relation to managing these hazards and it is important that young workers be aware of them. Workplace bullying is not acceptable. The risk of it occurring can be eliminated or minimised by proactive approaches and policies that create a co-operative anti-bullying culture within a workplace. Workplace bullying does not include reasonable and lawful direction or management action to direct and control the way work is carried out. Workplace bullying is repeated and unreasonable behaviour directed towards a worker or a group of workers that creates a risk to health, safety and wellbeing. Be aware that some young workers may be afraid or reluctant to speak up about discrimination, harassment and bullying until it s too late. It is vital that you create an environment where young workers feel comfortable raising these issues. If you experience discrimination or harassment, or are being bullied at work, you must report it to your supervisor or manager. If for some reason you can t report it to them, you should contact the SafeWork SA Help Centre on or the Fair Work Commission on for information and assistance. Further information A number of useful contacts and web links are available on the SafeWork SA website at safework.sa.gov.au. SafeWork SA regulates, promotes and encourages safe, fair, productive working lives, administers state industrial relations legislation and manages the state s work health and safety functions. Working with employers, workers, business, industry, government and unions, SafeWork SA provides a full range of work health and safety, public safety and state-based industrial relations services to all South Australian workplaces, including: providing advice and assistance to workers and employers increasing workplace safety through active involvement and consultation with employers, workers and the community The Government of South Australia website sa.gov.au provides access to a wealth of information and services for South Australians. Topics or sections of interest include: business, industry and trade employing people licensing and regulation education, skills and learning vocational education and training employment and finance looking for work at work information. growing knowledge, understanding and skills with improved education and training ensuring compliance and helping everyone to understand and meet their regulatory obligations developing injury prevention initiatives based on sound research and delivered with effective engagement monitoring and assessing safety procedures to encourage and help with a cycle of continuous improvement.

6 SafeWork SA safe, fair, productive working lives safework.sa.gov.au 0891 OCTOBER 2014 Government of South Australia, 2014