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Allegations include failure to obtain a permit, shifts exceeding six hours, and an absence of rest breaks.
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Takeaway faces $250,000 fine over child labour laws
19 October 2022
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Wage Inspectorate Victoria has filed 14 criminal charges over alleged breaches of child labour laws against a Barwon Heads fish and chip shop which could now face a fine of more than $250,000.
The business, Mangroves Bar Pty Ltd — trading as Mangroves Bar and Grill — allegedly contravened state laws relating to child employment permits, rest breaks, and hours of work for a child under 15.
In the Magistrates’ Court of Victoria it was alleged that the shop contravened Section 9 (1) of the Child Employment Act 2003 on six occasions by failing to obtain a child employment permit when it allegedly employed a 13-year-old during school holidays in January 2022.
The authority also alleged that the business contravened Section 21 of the act four times by allowing the child to work shifts of more than six hours as well as Section 22 of the Act by failing to provide the child with a rest break.
The maximum penalty for each offence is 100 penalty units — $18,174 — and if found guilty of all offences the company could receive a fine of more than $250,000.
The matter has been listed for mention in the Magistrates’ Court in Melbourne on 14 November 2022.
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This court proceeding comes after the Wage Inspectorate recently ran a campaign focused on regional fast food outlets, restaurants and cafes, which found almost 80 per cent of businesses employing children under the age of 15 were breaking the law by having failed to apply for a child employment permit.
As a result of the crackdown, a digital learning company and a cafe in Bright, Victoria, both pleaded guilty to breaking the child employment laws.
Current Victorian law requires employers of children under 15 to obtain a permit from the Wage Inspectorate before any work takes place.
Child employment laws place restrictions on when businesses can employ children and how much they can work. For example, during school holidays, children can be employed up to six hours a day and 30 hours a week. They must also receive a rest break of 30 minutes every three hours.
During a school term, children can be employed for a maximum of three hours a day and 12 hours per week.
The Wage Inspectorate said that a licensing system would be introduced from 1 July 2023 as part of changes to child employment laws which would strengthen the protections for children.
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