Young NSW workers offered some protections

By Leonie Atkinson

NSW's young workers are now protected from the worst effects of the Federal Government industrial relations act.

On December 1, 2006 the Industrial Relations (Child Employment) Act 2006 was proclaimed. The Act applies to all young people under 18 who were employed by a corporation under an individual or collective agreement which started after March 27, 2006, the date on which federal industrial relations act took effect.

The main provisions of the act are that a young worker:

• cannot be made to accept conditions or pay that are less than the NSW award covering their work;
• if dismissed after October 24, 2006 the young worker does have the right to lodge an unfair dismissal in the NSW Industrial Relations Commission.

To complement the Act, the NSW Office of Industrial Relations has published, on its website, a comprehensive set of facts sheets to assist young workers in ensuring they are paid appropriately and that their conditions are up to award standards.

The Office of Industrial Relations also has NSW inspectors, who have the power to check that young workers are receiving fair pay and conditions. These inspectors can also fine or prosecute an employer who fails to comply with directions to provide appropriate pay and conditions.

The Office of Industrial Relations facts sheets are useful for young workers as they provide information on such matters as:

• how to find the relevant award
• what awards should contain
• what to do if offered an AWA
• the right to be paid on time and to be provided with an appropriate pay advice slip.

The Office of Industrial Relations Facts Sheets can be found at www.youngpeopleatwork.nsw.gov.au. Click on "Information for employees".

Federation is also involved with the Child Employment Principles case, which had its first hearing in the Industrial Relations Commission on December 8, 2006.

This test case was brought to the Commission on its own initiative and aims to set "no net-detriment" principles for young workers. The case arises out of the new Industrial Relations (Child Employment) Act 2006.

This matter is set down for conciliation on March 7.

Leonie Atkinson is a relieving Industrial Officer.

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Last Modified: 22 Feb 2007