Leslie Massey
Child labour has been an integral part of the Australian economy, with children as young as eight working in laundries and on farms. While the Australian government has taken steps to address this issue, there are still concerns about the lack of proper monitoring and regulation of children's work in the country. In 2023, the government ratified two international treaties: the ILO Minimum Age Convention and the ILO Violence and Harassment Convention, demonstrating its commitment to protecting children's rights and providing them with a safe and appropriate workplace. However, Australia's current laws and policies governing work for minors have been criticised as inadequate, with children still vulnerable to injury, harassment, and exploitation. The government and non-government agencies are working to address these concerns by setting guidelines and implementing strategies to respond to problems.
| Characteristics | Values |
|---|---|
| Treaties ratified | International Labour Organization’s (ILO) Minimum Age Convention,1973 (No.138) |
| ILO Violence and Harassment Convention | |
| Framework | Sets out the minimum age for young people to start employment |
| Children can work safely and without interfering with their schooling | |
| Children under the minimum age can perform light work in certain circumstances | |
| Full extension of 10 days paid family and domestic violence leave entitlement to all 12 million employees in Australia by September 2024 | |
| Existing laws | Fair Work Act contains clauses to ensure minimum wages for junior employees |
| Exempts children under 18, allowing states and territories to self-regulate | |
| Prevent children from being employed during school hours | |
| Restrict children from doing hazardous work such as scaffolding or crane and forklift operation | |
| Restrict very young children from participating in some forms of public entertainment | |
| Measures to deter underpayments | |
| No proper monitoring or regulation of children’s work in Australia | |
| Children's protection legislation allowed for young people of working age to be placed in service or apprenticed at the discretion of the Department | |
| Work was often governed by a ‘service agreement’ between the employer and the Department | |
| Government and non-government agencies | Setting responsive guidelines, codes and industry standards |
| Implementing strategies to respond to problems |
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What You'll Learn
- The Australian government has ratified two international treaties to protect vulnerable workers
- The government is committed to protecting children's rights and providing a quality education
- There are laws in place to prevent child employment during school hours and restrict hazardous work
- Agencies are responsible for setting responsive guidelines and implementing strategies to address issues
- Australia is taking steps to protect and promote international standards for safe and appropriate work
The Australian government has ratified two international treaties to protect vulnerable workers
The second treaty ratified by Australia is the ILO Violence and Harassment Convention. This convention aims to eliminate workplace violence and harassment and will support the extension of 10 days of paid family and domestic violence leave for all employees in Australia by September 2024.
These ratifications demonstrate the Australian government's commitment to strong international labour standards and protecting the rights of children. Australia has robust standards for safe and appropriate employment for children, including ensuring minimum wages for junior employees and preventing employment during school hours or hazardous work. However, there are concerns about the lack of proper monitoring and regulation of children's work, especially in certain states and territories that are exempt from child employment legislation.
Addressing data deficits and comprehensive reforms are crucial to safeguarding the current and future generations of young workers, ensuring their dignity, rights, and well-being are respected and protected. The Albanese Labor Government is taking steps to protect and promote international standards for children's safe and appropriate work experiences.
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The government is committed to protecting children's rights and providing a quality education
The Australian government is committed to protecting children's rights and providing a quality education. This includes ensuring that children have a safe and appropriate workplace and are not subjected to dangerous and exploitative practices.
In June 2023, Australia signed the International Labour Organization's Minimum Age Convention, 1973 (No. 138), which sets a minimum age for young people to start employment, ensuring they can work safely and without interfering with their schooling. This convention also presents a strong argument for creating strategies that promote positive early work experiences for young people. The government has also ratified the ILO Violence and Harassment Convention, which addresses workplace violence and harassment, demonstrating its commitment to safe and appropriate employment for all.
While Australia's Fair Work Act includes provisions such as ensuring minimum wages for junior employees, it currently has an exemption for children under 18, allowing states and territories to self-regulate. Other laws relevant to children's work prevent employment during school hours and restrict hazardous work. However, there is a lack of proper monitoring and regulation of children's work in Australia, and current policies governing work for minors are not fit for purpose.
To address this, government and non-government agencies are working to set responsive guidelines, codes, and industry standards, as well as implementing strategies to respond to problems. Australia's commitment to international standards on child labour and safe work environments is evident, and the government is taking steps to protect children's rights and provide them with a quality education.
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There are laws in place to prevent child employment during school hours and restrict hazardous work
In June 2023, Australia signed the International Labour Organization Minimum Age Convention, which obliges all jurisdictions to protect children's rights and encourages strategies to promote positive early work experiences. This convention provides a framework that sets out the minimum age for young people to start employment, ensuring they can work safely and without interfering with their education.
In alignment with this convention, Australia has laws in place to prevent child employment during school hours and restrict hazardous work. These laws aim to protect children from engaging in work that could be detrimental to their health, safety, or education. For example, hazardous work such as scaffolding, crane and forklift operation, and certain forms of public entertainment are restricted to ensure children's safety.
Additionally, the Fair Work Act in Australia contains clauses that ensure minimum wages for junior employees, although it exempts children under 18, allowing states and territories to self-regulate. This exemption highlights the need for responsive guidelines and industry standards set by government and non-government agencies to protect young workers effectively.
While Australia has made strides in addressing child labour issues, there are concerns about the effectiveness of current regulations and policies governing work for minors. Data deficits limit the understanding of the diverse work experiences of children and adolescents in the country, hindering the ability to implement targeted reforms.
Comprehensive reforms are necessary to safeguard the well-being, dignity, and rights of the current generation of young workers and ensure a brighter future. By addressing these issues, Australia can lead the way in calling on all nations to eradicate hazardous child labour.
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Agencies are responsible for setting responsive guidelines and implementing strategies to address issues
Agencies play a pivotal role in protecting young workers by establishing responsive guidelines and implementing effective strategies to address child labour issues. In June 2023, Australia demonstrated its commitment to safeguarding children's rights and promoting positive work experiences by signing the International Labour Organization's Minimum Age Convention, 1973 (No. 138). This convention provides a framework that sets a minimum age for young people entering employment, ensuring their safety and access to education.
To address the issue of child labour, agencies must develop and enforce comprehensive guidelines that consider the diverse and complex nature of children's work experiences. This includes ensuring safe and appropriate employment opportunities, free from injury, harassment, and exploitation. Agencies should also promote positive workplace experiences that contribute to young people's overall development, including their sense of identity, career aspirations, financial skills, and responsibility.
One key strategy is to address the longstanding data deficits that limit our understanding of children's work in Australia. By collecting comprehensive data, agencies can identify the scope and nature of child labour, including any exploitative practices that may exist. This information is crucial for developing targeted interventions and policies that protect young workers.
Agencies should also focus on ensuring that children have a clear understanding of their rights and obligations in the workplace. Educating young people about their entitlements, such as minimum wages and safe working conditions, empowers them to recognise and report any violations of their rights. Additionally, agencies can work towards closing any legal loopholes or exemptions that may leave children vulnerable to exploitation or unsafe working conditions.
Furthermore, agencies should collaborate with non-governmental organisations and institutions to address the issue of child labour comprehensively. This includes supporting organisations dedicated to protecting children from harmful work practices and promoting their education and well-being. By working together, agencies can develop more effective strategies and ensure that children's rights and best interests remain at the forefront of all decisions and policies.
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Australia is taking steps to protect and promote international standards for safe and appropriate work
The ratification of these treaties demonstrates Australia's commitment to strong international labour standards and the protection of children's rights. The government aims to provide children with the best start in life through quality education and safe workplaces. Additionally, Australia is addressing the issue of workplace violence and harassment with the ratification of the ILO Violence and Harassment Convention. This convention will extend 10 days of paid family and domestic violence leave to all employees in the country.
While Australia's Fair Work Act includes provisions such as minimum wages for junior employees, it currently has an exemption for children under 18, allowing states and territories to self-regulate. Other relevant laws prevent child employment during school hours and restrict hazardous work. However, there is limited monitoring and regulation of children's work, and existing policies and regulations may not adequately protect minors.
To address these challenges, government and non-government agencies play a crucial role in setting responsive guidelines, codes, and industry standards. They also implement strategies to address problems as they arise. Australia recognizes the importance of comprehensive reforms to safeguard young workers, ensuring their dignity, rights, and well-being are respected and protected. By addressing data deficits and understanding the diverse work experiences of children and adolescents, Australia can lead the way in calling on all nations to eradicate hazardous child labour.
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Frequently asked questions
The Australian government has ratified two international treaties that aim to protect vulnerable workers and eliminate child labour: the ILO Minimum Age Convention, 1973 (No.138) and the ILO Violence and Harassment Convention. These treaties provide a framework for safe and appropriate employment for children, including a minimum age of 15 for employment, and protect children's rights and well-being.
There is limited understanding of the diversity and quality of work experiences of children in Australia due to longstanding data deficits. Additionally, there is no proper monitoring or regulation of children's work, and current regulations and policies governing work for minors are not fit for purpose. Children's limited knowledge of their rights and obligations further complicates the issue.
Child labour has been a longstanding issue in Australia, with evidence of its widespread use in institutions during the 19th and 20th centuries. While the employment of children in the public sphere was regulated by governments from the 19th century, work performed in domestic homes and children's institutions was largely uncontrolled. Children in care were often subjected to demanding physical labour with no payment, and their labour was exploited for profit.
Child labour in Australia continues to pose risks of injury, harassment, and exploitation. While positive workplace experiences can benefit children, the lack of proper monitoring and regulation leaves children vulnerable. Comprehensive reforms are needed to safeguard children's rights and well-being and to ensure positive and safe work experiences.
