Working kids need more work reform

Date: 06 December 2008

A public discussion paper released by the NSW Commission for Children and Young People highlights the concern that the current major reforms of workplace laws do not fully address the needs of hundreds of thousands of young Australians.

Prepared by Professor Andrew Stewart, an expert in employment law and workplace relations from the University of Adelaide, the paper argues that a consistent national approach is required for children's employment laws, either through similar legislation in each state and territory, or by a single federal law.

"The paper's examination of child employment laws across Australia reveals a myriad of different approaches," said Professor Stewart.

"Under current federal law, and also the new Fair Work Bill, this is an issue that's mainly left to the states. But while some states have detailed rules and processes for employing young people, others virtually ignore the issue."

"We need to do something about this patchwork of different regulations that are difficult for employers to follow and often too complex for young people or their parents to understand, it's time for this to be taken up at a national level."

The discussion paper, called Making the Working World Work Better for Kids, focuses on issues distinct to children and young people and in those areas of work where they may need specific protection. For instance, the age they start working and the point where work can interfere with their sleep patterns and their physical and cognitive development, education, recreation and social interactions. It also looks at the benefits of changing the current system and the importance of having adequate advocacy services to assist young workers to identify and assert their rights.

"Children's early work experiences lay important foundations for the transition into their adult working lives, yet the impact on kids' wellbeing from these reforms has so far been largely overlooked," said the NSW Commissioner for Children and Young People, Ms Gillian Calvert.

"Given that there are so many young people working, a national reform of workplace laws needs to include their interests to help determine what mechanisms should be in place and how they should be implemented across the country."

The development of the discussion paper follows an earlier Kids at Work report by the NSW Commission for Children and Young People. That groundbreaking study revealed that kids are working more than ever before, that most are happy to do so, but there are concerns around safety, freedom from bullying or exploitation, and the relationship between work and study.

"The workplace reform discussions are a good opportunity to simplify the laws regulating children's employment to help make them consistent, practical and accessible," said Ms Calvert.

"The NSW Attorney General and Minister for Industrial Relations John Hatzistergos has agreed to take these concerns to the next Workplace Relations Ministerial Council meeting in 2009 so they can consider the implementation of a nationally consistent system of child employment regulations."

For further information

Contact:	Michelle Neathercote
Union:	NSW Commission for Children and Young People
Contact Mobile:	0413 456 080
WWW:	http://www.kids.nsw.gov.au/

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