UNIONS WIN ON TOUGH CHILD LABOUR LAWS

27 June 2007

SA Unions has won a landmark case to protect children from workplace exploitation.

In a major breakthrough for young workers and unions, the SA Industrial Relations Commission has given the go ahead for tough new child labour laws drafted by SA Unions.

It means SA Unions is able to proceed to make an award to protect children regardless of the industry in which they are working.  We will now assess the best way to proceed through discussions with employers and the Industrial Relations Minister.

Bans on hazardous, sexually exploitative and unsupervised work by children are amongst the standards proposed in the draft award.

"We need comprehensive protections for all children regardless of the work they are doing", SA Unions Secretary, Janet Giles says.

"While elements of this award might be considered by some to be controversial, we believe that every effort must be made to protect children aged under 18 from exploitation and abuse", she says.

"We believe that the IRC's decision to reject Business SA's opposition to our proposal is a victory for workers and their unions and a victory for common sense."

SA Unions has legal advice that the proposed "Child Labour Award 2006" would override the federal government's unfair IR laws.

It would set South Australia as a national leader in the protection of young workers.

Its key elements include :

• Establishing 14 as the minimum age for employment
• A standard minimum wage according to age, and severance pay entitlements
• Banning tasks which present health and safety risks, including agricultural and construction work
• Prohibiting the employment of children in indecent, obscene or pornographic ways
• Prohibiting indecent or transparent clothing, or working nude or partially nude
• Children under 16 banned from unsupervised deliveries to private residences
• Limiting hours of employment for children in formal education or training
• Children under 15 banned from working between 6 pm and 6 am
• Child workers must be supervised by an adult, who has responsibility for no more than 3 children at the same time
• Restrictions on shifts, overtime and roster changes
• Minimum leave entitlements as set down in the Fair Work Act
• Provision of safe transport arrangements between home and work
• Employers to maintain an employment register and ensure that children receive proper payment as stipulated by the award, not substituted by goods and services
• Access for unions to advise and support children in relation to their work rights
• A grievance and dispute process which enables access to the IRC

"It is frankly astonishing that we have not had tighter protections prior to this", Ms Giles says.

"Until now there has been nothing to stop young children working unsupervised, overnight shifts in dangerous environments with no penalty payments."

"These laws aim to offer comprehensive protection to all children regardless of the industry they work in.  A single law covering all children is far superior than trying to write protections into myriad different industries."

"This is especially important since the introduction of the new federal laws, which give employers the power to employ children on inferior and unfair conditions."

"And the ability for children to seek the IRC's intervention is a long overdue improvement.  Until now, children have had no such recourse against exploitation."

"There is one important exemption - the draft award does not apply to children working in family businesses.  That is a matter of responsibility for the parent or guardian."