Child Employment – No Net Detriment Principles

Central Council, 12 February 2007

Report adopted

The NSW Government has introduced the Industrial Relations (Child Employment) Act 2006 to protect employed children from the detrimental effects of the Federal Work Choices legislation.

The NSW Act applies to child workers under 18 years of age who are employed by a corporation under an individual or collective agreement which started after 27 March 2006. The employer must provide at least the minimum conditions of employment contained in a comparable State award and the legislation that would have applied if the child was covered by that State award.

If the conditions of employment provided for the child are different to the minimum conditions, then the conditions of employment must not, on balance, result in a net detriment to the child when compared with the comparable State award and legislation.

As well, the unfair dismissal provisions of the NSW Industrial Relations Act 1996 continue to apply to the child.

The Act requires the Full Bench of the Industrial Relations Commission to set 'no net detriment' principles. The case has commenced in the NSW IRC and nine hearing dates from 26 March 2007 have been set down. It is anticipated that there will be conciliation hearings convened by the IRC. Unions NSW is preparing union evidence and the Office of Industrial Relations will also be presenting evidence.

The OIR website has Got a job - know the deal! Information for Young Workers in NSW with a hotline number 131 628.