SA Unions

 

SA CHILD LABOUR AWARD (DRAFT) 

 

This is a consolidated award of the Industrial Relations Commission of South Australia published pursuant to the provisions of the Fair Work Act 1994.

 

Award Information

 

MEMBERS:   Deputy President KM Bartel

                    Commissioner MJ Doyle

                    Commissioner DG Steel

 

Matter No. 5359 of 2006

 

Clause 1 Title

 

1.1 This award is known as the SA Child Labour Award 2006.

 

Clause 2 Arrangement

 

2.1 This award is arranged as follows:

 

Clause Number       Matter

 

13                                Access to transport

2                                  Arrangement

20                                Availability of records

15                                Breaks between shifts

27                                Categories of employment

5                                  Commencement and Duration

6                                  Definitions

28                                Disputes resolution process

24                                Duties of employers of children

23                                Employment categories

4                                  Exclusions

18                                General breaks and rest periods

22                                Information and support regarding employment matters

21                                Invitation to attend premises

25                                Letter of appointment

11                                Minimum age

26                                Minimum standards

19                                Overtime

7                                  Prohibition of employment in certain categories of work,

                                   industry or sectors of industry

16                                Prohibition of split shifts

29                                Review

23                                Right of entry

17                                Rosters

3                                  Scope and Persons Bound

14                                Shift arrangements

8                                  Special limitation on hours of employment

9                                  Special rest periods

10                                Supervision arrangements

1                                  Title

12                                Trial work and Probation

 

Clause 3 Scope and Persons Bound

 

3.1 This award is of general application and applies throughout South Australia.

 

3.2 This award is binding on all employers within South Australia.

 

3.3 This award is binding on all persons under the age of 18 years employed within

South Australia.

 

3.4 The terms of this award only apply to the extent that they apply to employees under the

age of 18 years.

 

3.5 This award is read in conjunction with any other award that applies in the workplace to

the extent that the provisions in this award relate to the employment of children.

 

Clause 4 Exclusions

 

4.1 This award does not apply to employment by the child’s spouse or parent.

 

Clause 5 Commencement and Duration

 

5.1 This award came into force on {dd/mm/yyyy}, and continues in force until amended,

rescinded or replaced.

 

Clause 6 Definitions

 

In this award:

 

‘Act’ means the Fair Work Act 1994;

 

‘association’ means an association, society or body formed to represent, protect

or further the interests of employers or employees;

 

‘authorised person’ means a parent/guardian of the child, association representative,

peak entity representative, industrial inspector;

 

‘award’ means an award made under South Australian or Commonwealth Industrial Law;

 

'child' means a person who has not attained the age of 18 years;

 

'Commission' means the Industrial Relations Commission of SA;

‘employee’ means a person employed for remuneration under a contract of employment

and includes a public employee;;

 

‘employer’ means:

for public employees, the body or person (not being a Minister) declared by

regulation to be the employer of the employees;

for other employees, a person who employs the employees for remuneration in an industry

under a contract of employment;

 

‘formal education or training’ means enrolment and participation in a course of study

through a school, university, TAFE, registered training organisation or other

vocational education provider;

 

‘industrial instrument’ includes an award and an agreement made under South

Australian or Commonwealth Industrial Law;

 

‘peak entity’ means:

the South Australian Minister for Industrial Relations; and

the United Trades and Labor Council of South Australia; and

the South Australian Employers' Chamber of Commerce and Industry Incorporated; 

the Employee Ombudsman; and

any other body brought within the ambit of this definition by the regulations applicable

to the Fair Work Act 1994 (SA);

 

‘relevant advisory body’ means the industrial advice section of SafeWork SA,

the OHS section of SafeWork SA, an inspector appointed under the provisions of the

Fair Work Act, the Young Workers’ Legal Service, the Youth Affairs Council of South

Australia, the Working Women’s Centre, an association and any peak entity;

 

‘school week’ means a week in which a child is attending formal education or training;

 

Clause 7 Prohibition of employment in certain categories of work, industry

or sectors of industry

 

7.1 A child shall not be employed to carry loads which are unreasonably heavy for the child’s

age and physical development.

 

7.2 A child shall not be employed to undertake other tasks which pose a health and safety

risk due to the child’s age and physical development.

 

7.3 An assessment under clause 24.1.4 of this award will be conducted and

documented where carrying loads is a task required or where other tasks may pose a

health and safety risk due to the child’s age and physical development.

 

7.4 A child shall not be employed to perform in an indecent, obscene or pornographic

way while participating in any entertainment, exhibition or the making of any advertisement.

 

7.5 A child shall not be employed to undertake duties (including promotional work)

wearing indecent clothing or uniforms or being required to work nude or partially

nude, or in transparent clothing.

 

7.6 A child shall not be employed in a restricted gambling area of a club, hotel, and casino.

 

7.7 A child shall not be employed to sell, supply, or to serve alcohol.

 

7.8 A child under 16 years of age shall not be employed to undertake the delivery or sale

or promotion of goods or services to a private residence unless in the company of an adult

supervisor. This does not include letterbox delivery of printed material.

 

7.9 A child must not be required to perform non-agricultural hazardous work.

Non-agricultural hazardous work is defined in Schedule 1 of this award.

 

7.9.1 If there is any potential that the assigned duties for a child could be deemed

hazardous, the employer is required to contact SafeWork SA for clarification and to obtain

certification that the work is not of a hazardous nature.

 

7.10 A child under age 16 must not be required perform agricultural hazardous work.

Agricultural hazardous work is defined in Schedule 2 of this award.

 

7.10.1 If there is any potential that the assigned duties for a child could be deemed

hazardous, the employer is required to contact SafeWork SA for clarification and to

obtain certification that the work is not of a hazardous nature.

 

7.11 A child shall not be employed working on a building construction site in a defined

‘high-risk construction work’ as defined in Schedule 3 of this award.

                         

Clause 8 Special limitation on hours of employment 

 

8.1 Maximum allowable hours of work for children enrolled in formal education or training are:

 

On a school day

 

 

On a non-school day

 

During a school week Monday to Friday

During a non-school week

 

4

8

12

38

 

8.2 Children under 15 years of age are not permitted to work between 6pm and 6am.

 

8.3 All other children enrolled in formal education or training are not permitted to work between

10pm and 6am Monday through to Thursday during term periods.

 

8.4 A child enrolled in formal education or training has the right to refuse work after 8pm during

term if they consider there will be an adverse impact on their studies. If required by an

employer, a supporting statement from a teacher or the educational institution will be

provided in evidence.

 

8.5 The maximum period of a shift or usual hours of work in a day shall be 8 hours for a

child who is not enrolled in formal education or training.

 

8.6 A child must not, except in an emergency, be required to work at times which would

prevent their attendance in formal education or training.

 

Clause 9 Special rest periods

 

9.1 An employer shall provide a special rest period for a child of 30 minutes after 4 hours of

work and must not require a child to work for any period exceeding 4 hours without a rest

break of at least 30 consecutive minutes.

 

9.2 A special rest period may coincide or overlap with the other breaks set out in clause 9.1.

 

Clause 10 Supervision arrangements

 

10.1 While a child is working the child must be supervised by a person who is at least

18 years of age. The person supervising the child must not supervise more than 3 other children

at the same time.

 

10.2 Clause 10.1 shall not be taken to over ride any arrangements which provide greater

levels of supervision made by the Training and Skills Commission in respect of

supervision arrangements for apprentices and trainees engaged under an approved contract of

training.

 

10.3 Clause 10.1 shall not be taken to over ride any arrangements which provide greater

levels of supervision specified in any award or agreement in respect of supervision arrangements.

 

Clause 11 Minimum age

 

11.1 Other than by special exemption (approved by SafeWork SA and supported by a parent/

guardian and the relevant school authority), no child shall be employed who is aged less

than 14 years of age.

 

Clause 12 Trial Work and Probation

 

12.1 A child who undertakes any work on a trial basis with a view to obtaining employment

with the person from whom the work is performed is entitled to be paid for that work in

accordance with the terms of the award or industrial instrument covering that employment.

 

12.1.2 In the absence of any other award or industrial instrument applicable at the

workplace the minimum rate for a trial period shall be as provided in clause 26.9.

 

12.2 In the first three months of employment, a child shall be provided with sufficient support

and on job training to satisfactorily meet any probationary requirements. Clear standards

of conduct and work performance must be provided by the employer, and be discussed

with and understood by the employee. Regular feedback must be provided by the employer

to enable the employee to respond to any issues raised or to meet conduct/work

performance requirements.

 

Clause 13 Access to transport

 

13.1 When a child’s usual means of transport or public transport is not available after ceasing

work, the employer will cover the cost of arranging independent transport to the child’s usual

place of residence. Usual means of transport shall mean and include the employee’s own

vehicle or arrangements for private transport as agreed between the employer and employee.

 

13.2 Where a child normally uses public transport and commences and/or concludes

overtime or shift work between 8.30 p.m. and 6.00 a.m. at a time when public transport

is not available, the employer will pay the cost of arranging independent transport to the child’s

home or usual place of residence or pay them their current wage for the time reasonably

occupied in traveling to and/or from their home or usual place of residence. See clause 8

regarding general hours of work during and outside term.

 

Clause 14 Shift arrangements

 

14.1 Subject to provisions of clause 8, a child must not be required to work shift work

unless the parent/guardian of the child has been advised in each instance and has

acknowledged to the arrangements.

 

14.2 A child must not, except in an emergency, be required to work shift work at times

which would prevent their attendance in formal education or training.

 

Clause 15 Breaks between shifts

 

15.1 An employer shall ensure that between shifts, a child receives a minimum break

of 14 consecutive hours from the finishing time of a shift until the commencing time of the next

shift.

 

Clause 16 Prohibition on split shifts

 

16.1 A child must not work a split shift. A split shift is where an employee is rostered

for two periods of work, separated by a non-work period greater than one hour, on the same

day.

 

Clause 17 Rosters

 

17.1 An employer must post a roster in the workplace, or provide individual written advice

to a child, which identifies in advance the expected pattern and hours of attendance for

children employed in the workplace over the subsequent week, or a longer period depending

on the roster cycle applicable in the workplace..

 

17.2 An employer must provide a period of notice of at least 24 hours for a change to

the usual scheduled work arrangements in a roster.

 

17.3 An employer shall not alter the rostered arrangements unless there is a genuine

operational requirement.

 

17.4 An employer shall not threaten to or vary the roster arrangements as a means of dealing

with a disciplinary, work performance or other conduct related matter.

 

Clause 18 General breaks and rest periods

 

18.1 A child is entitled to the same morning, afternoon, meal and lunch breaks as other

employees in their workplace.

 

18.2 An employer shall ensure that a child not in formal education or training receives, in any

period of 7 days, a minimum break from attendance at work of 2 days which shall as

far as is practicable be consecutive. 

 

18.3 An employer shall ensure that a child in formal education or training receives, in any

period of 7 days during a non school week, a minimum break from attendance at work of 2 days which shall as far as is practicable be consecutive. 

 

Clause 19 Overtime

 

19.1 Subject to provisions of clause 8, a child must not be required to work overtime

unless the parent/guardian of the child has been advised in each instance and has

acknowledged the arrangements.

 

19.2 A child must not, except in an emergency, be required to work overtime at times

which would prevent their attendance in formal education or training.

 

19.3 An employer shall ensure that a child receives a minimum break of 14 consecutive hours

in each period of 24 hours after a period of overtime.

 

Clause 20 Availability of records

 

20.1 An employer shall make available for inspection by an authorised person employment

records and any records associated with compliance with the terms of this award.

 

Clause 21 Invitation to attend premises

 

21.1 Where requested and nominated by a child, or the child’s parent or guardian, an

employer must invite a representative from the nominated relevant advisory body to

attend the workplace and meet with the child and/or the employer during working hours.

 

21.2 Where such a request is made the employer must issue the invitation within 24

hours and facilitate the attendance at the earliest opportunity.

 

Clause 22 Information and support regarding employment matters

 

22.1 An employer must ensure that children are provided with written information

and contact information regarding relevant advisory bodies.

 

22.2 A relevant advisory body covers statutory authorities, peak entities and organisations

providing employment and legal services as defined in clause 6.

 

22.3 Appendix 1 of Schedule 4 sets out the pro-forma advice incorporated into the model

appointment letter. The provision of information in a written format other than as set out in

the model letter shall not constitute a breach of this award.

 

22.4 The employer shall allow a noticeboard to be used to post information on young

workers’ issues from relevant advisory bodies.

 

Clause 23 Right of entry

 

23.1 A parent/guardian or representative from a relevant advisory body may enter an

employer’s premises at which one or more children are employed and inspect compliance

with this award and address children during working time on matters associated with the

terms and conditions of their employment.

 

23.2 Before a parent/guardian or representative from a relevant advisory body exercises powers

under clause 23.1, the official must give reasonable notice to the employer.

 

23.3 For the purposes of clause 23.2

(a) the notice must be given in writing; and

(b) a period of 24 hours notice will be taken to be reasonable unless some other period

is reasonable in the circumstances of the particular case.

 

23.4 A parent/guardian or representative from a relevant advisory body exercising a

power under clause 23.1 must not interrupt the performance of work at the workplace.

 

23.5 A person exercising powers under this section must not:

(a) harass an employer or employee; or

(b) address offensive language to an employer or an employee; or

 

(c) hinder or obstruct an employee in carrying out a duty of employment; or

(d) use or threaten to use force in relation to an employer, an employee or any other person.

 

Clause 24 Duties of employers of children

 

24.1 Any employer who employs a child shall comply with the following procedures.

 

24.1.1 Before employing a child, an employer shall require the production of a copy of

the birth certificate or other satisfactory evidence of the age of the child.

 

24.1.2 Before employing a child, an employer shall obtain the written acknowledgement of

the parent or guardian of the child. Refer to the model letter of appointment at Schedule 4

of this award.

 

24.1.3 An employer shall provide an occupational health and safety induction on

commencement.

 

24.1.4 An employer shall undertake a health and safety risk assessment to ascertain

whether the tasks required for the work may pose a health and safety risk due to the child’s

age and physical development.

 

24.1.5 An employer shall maintain a register, or other satisfactory record, containing, in

relation to every child employed by him or her, the following particulars in addition to usual

workplace records:

(a) any matters pertinent to carrying heavy loads;

(b) the duties involved in the position;

(c) the time the child takes for special breaks under clause 8;

(d) details of usual transport arrangements;

(e) emergency contact details;

(f) whether the child is enrolled in a formal course of education or training.

 

24.2 An employer shall keep, at the place where a child is employed, such records as are

necessary to show whether the provisions of this award are being complied with in relation to

his or her employees and such records shall be retained by the employer for at least 6 years.

 

24.3 In any case where:

(a) there is a dispute between an employer and a child, or;

(b) there is a prosecution for an offence under this award, and the records required to be kept

by an employer under clause 24.2 are not available, the onus of proving that the provisions of

this have been complied with shall lie on the employer.

 

24.4 An employer must not provide goods and/or services as payment or part payment of

any entitlements under existing award or agreement provisions.

 

24.5 An employer of a child attending school, TAFE or another vocational training

provider shall provide time off from work when the child is required to attend an examination

required for their schooling and/or training with no loss of entitlements.

 

Clause 25 Letter of appointment

 

25.1 Every child shall be advised in writing at the time of engagement whether they are

full-time, part-time or casual, their rate of pay, classification, job description, duties, working

hours, and roster arrangements. 

 

25.2 In the case of casual employees such notification need only be supplied at

the initial engagement and when that employee's employment status changes (i.e. full-time

weekly, part-time weekly or casual). Such written advice may be provided as per the model

letter in Schedule 4 to this Award.

 

25.3 Every child shall also be advised of details of the awards/industrial instruments applicable

in the workplace and the name and contact details of the parties to those awards/

industrial instruments.

 

25.4 The provision of information as required by this clause and clause 10 in a written

format other than that provided in the model letter shall not constitute a breach of the Award.

 

Clause 26 Minimum standards

 

26.1 This clause shall apply in a particular workplace where provisions with lesser benefit

apply to arrangements covering the employment of children.

 

26.2 Employers shall provide to all children minimum entitlements to sick leave,

carer’s leave, bereavement leave, annual leave and parental leave as provided for in the Fair

Work Act 1994, based on a 38 hour week.

 

26.3 Sick leave entitlement

 

23.3.1 An employee's entitlement to sick leave accrues as follows:

(a) for the first year of continuous service, entitlement to sick leave accrues at the rate of

5 / 26 of one day for each completed week; and

(b) for each later year of continuous service, an entitlement to 10 days' sick leave

accrues at the beginning of each year.

 

26.4 Carer's leave entitlement

 

26.4.1 An employee with an accrued entitlement to sick leave under a preceding section may

use up to 5 days of that entitlement in each year to care for and support members of the

employee's family when they are sick.

 

26.5 Bereavement leave entitlement

 

26.5.1 An employee is entitled to 2 days bereavement leave in the case of the death of a

member of the employee's family.

 

26.5.2 The leave may be taken:

(a) at a time of the employee's choosing within a period commencing on the date of death

of the family member and ending 2 days after the funeral; or

(b) at some other time agreed with the employer.

 

26.6 Annual leave entitlement

 

26.6.1 An employee's entitlement to annual leave accrues as follows:

(a) an employee is entitled to 4 weeks' annual leave for each completed year of continuous

service; and

(b) if an employee's employment comes to an end and the period of service is not exactly

divisible into complete years, the employee is entitled to ⅓ of one week's annual leave

for each completed month of the remainder.

 

26.7 Parental leave entitlement

 

26.7.1 An employee is entitled to take parental leave for a period of up to 52 weeks for:

(a) the birth of a child to the employee or the employee's spouse; or

(b) the placement of a child with the employee with a view to the adoption of the child

by the employee.

 

26.7.2 An employee is not entitled to take parental leave unless the employee:

(a) has, before the expected date of birth or placement, completed at least 12 months'

continuous service with the employer; and

(b) has given the employer at least ten weeks' written notice of intention to take the leave.

 

26.7.3 An employee is not entitled to take parental leave at the same time as the employee's

spouse apart from one week's parental leave taken by the employee and the employee's

spouse immediately after the birth of the child or the placement of the child for adoption

with the employee and the employee's spouse.

 

26.7.4 Apart from the period of one week referred to above, an employee's entitlement

to parental leave is reduced by a period of parental leave taken by the employee's spouse

for the same child.

 

26.8 Severance payments

 

26.8.1 This clause shall apply in a particular workplace where provisions with lesser benefit

apply to arrangements covering the employment of children.

 

26.8.2 A child whose employment is terminated by reason of redundancy is entitled to

the following amount of severance pay in respect of a period of continuous service as set

out in the table below.

 

Period of continuous service

 

Severance pay

Less than 1 year

Nil

1 year and less than 2 years

4 weeks’ pay

2 years and less than 3 years

6 weeks’ pay

3 years and less than 4 years

7 weeks’ pay

4 years and less than 5 years

8 weeks’ pay

 

26.9 Minimum wage rates

 

26.9.1 This clause specifying minimum wage rates for ordinary time work shall apply in a

particular workplace where an award, federal award or agreement has wage rates less than

specified in clause 26.9.2, or where there is no industrial instrument, or in the absence of

specific wage rates. Such wage rates shall be as clause 26.9.2 below.

 

26.9.2 Minimum wage rates under the Declaration of Remuneration Minimum Standard

pursuant to s.69 (3) of the Fair Work Act 1994 Decision 4464 of 2005 shall apply as follows,

based upon the relevant adult rate of pay (weekly, part-time or casual) and applying the

following gradations according to the age of the employee:

 

                                         Weekly          Hourly              Casual hourly

                                         $ per week     $ per hour         $ per hour

Under 17 years of age          $250.70          $6.60              $7.92

17 years of age                   $300.80           $7.92              $9.50

 

Clause 27 Categories of employment

 

27.1 This clause shall apply in a particular workplace where such provisions are not already

contained in an award or agreement covering the employment of children. The

categories of employment are full time, fixed term, part time and casual.

 

27.2 A full-time employee is defined as a child who is employed on a regular roster, has

predictable hours of work and is employed for 38 ordinary hours per week.

 

27.3 A fixed term employee is defined as a child who is notified in writing prior to the

commencement of employment of the starting and finishing dates of the employment, or in

lieu of a finishing date, notified of the specific circumstance or contingency relating to a

specific task, project or reason upon the occurrence of which the term of employment shall

expire.  Any fixed term employee who has more than 12 months continuous service shall be

deemed to be a weekly employee and no longer subject to a fixed term.

 

27.4 A part-time employee is defined as a child who is employed on a regular roster, works

no less than 2 hours a week and no more than 37.5 hours a week and has predictable

and agreed hours of work. 

 

27.5 A casual employee is defined as an employee who is not a full-time or part-time

employee as defined above and who is employed on an irregular and non-systematic basis

for no more than 37.5 hours per week, with a minimum engagement of 3 hours a day.

A casual employee is entitled to 20% loading in addition to his or her ordinary hourly rate.

 

27.6 A part time employee who is enrolled in formal education or training shall be employed

for not less than 2 ordinary hours each day and not more than:

 

(a) 4 hours a day during a school week or 8 hours a day on a non school week;

(b) 12 hours per week during a school week, Monday to Friday;

(c) 8 hours a day on Saturdays and Sundays;

(d) 37.5 hours a week during a non school week.

 

27.7 A part time employee who is not enrolled in formal education or training shall be employed

for not less than 2 ordinary hours per week and not more than 37.5 hours per week.

 

27.8 A casual employee who is enrolled in formal education or training shall be employed for

not less than 3 ordinary hour per engagement and not more than:

 

(a) 4 hours a day during a school week or 8 hours a day on a non school week;

(b) 12 hours per week during a school week, Monday to Friday;

(c) 8 hours a day on Saturdays and Sundays;

(d) 37.5 hours a week during a non school week.

 

27.9 A casual employee who is not enrolled in formal education or training shall be employed

for not less than 15 ordinary hours per week and not more than 37.5 hours per week.

 

Clause 28 Disputes resolution process

 

28.1 The matters to be dealt with in this procedure shall include all grievances or disputes

between a child and an employer. Upon a child’s request a parent, guardian and/or authorised

person may be involved in the discussion about and resolution of any grievance or dispute.

 

28.2 In the event of a grievance or dispute the employee shall attempt to resolve the matter

with the immediate supervisor, who shall respond to such request as soon as reasonably

practicable.  Where the dispute concerns alleged actions of the immediate supervisor the

employee/s may bypass this level in the procedure.

 

28.3 If the grievance or dispute is not resolved under clause 28.2, the employee or

employee's representative may refer the matter to the next higher level of management. 

This shall take place within 24 hours.

 

28.4 If the grievance or dispute is still unresolved, the matter shall be reported the senior

management of the employer. 

 

28.5 If, after discussion between the parties, or their representatives the dispute remains

unresolved then notification of the dispute may be given to the Commission.

 

28.6 The status quo existing before the emergence of the grievance or dispute is to continue

whilst the above procedure is being followed.

 

28.7 All parties to the dispute shall give due consideration to matters raised or any

suggestion or recommendations made by the Commission with a view to the prompt settlement

of the dispute.

 

28.8 Any Order or Decision of the Commission (subject to the parties' right of appeal under

the Act) will be final and binding on all parties to the dispute.

 

Clause 29 Review by Commission

 

29.1 No later than 24 months of the operation of this award, the Commission shall initiate a
review.


 

Schedule 1

 

Hazardous Work Restrictions for employees under 18 years of age 

 

Non-agricultural hazardous work includes but is not limited to:

 

·                     asbestos removal;

·                     being exposed to blood borne pathogens;

·                     being exposed to radioactive substances/ionizing radiations;

·                     coal mining;

·                     dispensing LP gas;

·                     entry to any confined space as defined by OHS standards;

·                     excavation operations and work in quarries;

·                     exposure to high noise levels above 85 dbA;

·                     logging/tree felling/saw milling;

·                     manufacturing/storing/working around explosives and explosive components

                      including ammunition, black powder, blasting caps, fireworks, high explosives,

                      primers and smokeless powder;

·                     operating a crane;

·                     roofing operations;

·                     underground mining and tunnelling;

·                     using power-driven circular saws, band saws and guillotine shears;

·                     meat/poultry/fish slaughtering, boning and processing;

·                     wrecking, demolition and ship breaking operations;

·                     working in operations or locations where the following hazardous materials are

                      present: chemicals that are suspect or known carcinogens, physical or

                      chemical hazard in  concentrations above any OHS action level, compressed

                      highly toxic gases;

·                     working with open unprotected electrical circuits

·                     working in a location that requires personal fall arrest protection;

·                     working in a location where respiratory protection is required;

 

If there is any potential that the assigned duties for a child could be deemed hazardous, the

employer is required to contact SafeWork SA for clarification and to obtain certification that

the work is not of a hazardous nature.

 


 

Schedule 2

 

Hazardous Work Restrictions for employees under 16 years of age 

 

In addition to the work restrictions outlined in Schedule 1, children under age 16

cannot perform agricultural hazardous work. Agricultural hazardous work includes but is not

limited to:

 

·                    driving a bus, truck, or automobile when transporting passengers, or riding on a

                     tractor as a passenger or helper;

·                    handling or applying (including cleaning or decontaminating equipment, disposal

                     or return of empty containers) agricultural chemicals identified by the word

                     "poison" on the label;

·                    loading, or unloading timber with butt diameter of more than 15 cm;

·                    operating a tractor of over 20 PTO horsepower, or connecting or disconnecting

                     an implement or any of its parts to or from such a tractor;

·                    operating or assisting to operate (including starting, stopping, adjusting,

                     feeding, or any other activity involving physical contact associated with the

                     operation) any of the following machines: trencher or earthmoving equipment,

                     fork lift, or power-driven circular, band, or chain saw;

·                    operating or assisting to operate (including starting, stopping, adjusting,

                     feeding, or any other activity involving physical contact associated with the

                     operation) any of the following machines: corn picker, cotton picker, grain

                     combine, hay mower, forage harvester, hay baler, potato digger, mobile pea

                     viner, feed grinder, crop dryer, forage blower, auger conveyor, or the unloading

                     mechanism of a non-gravity-type self-unloading wagon or trailer, power post-

                     hole digger, power post driver, or non-walking type rotary tiller;

·                     transporting, transferring, or applying anhydrous ammonia.

·                     working from a ladder or scaffold (painting, repairing, or building structures,

                      pruning trees, picking fruit, etc.) at a height of over 2 metres;

·                     working inside a fruit, forage, or grain storage designed to retain an oxygen

                     deficient or toxic atmosphere; an upright silo within 2 weeks after silage has

                     been added or when a top unloading device is in operating position; a manure

                     pit; or a horizontal silo while operating a tractor for packing purposes;

·                    working on a farm in a yard, pen, or stall occupied by a bull, boar, or stud

                     horse maintained for breeding purposes; or sow with suckling pigs, or cow with

                     newborn calf (with umbilical cord present);

 

If there is any potential that the assigned duties for a child could be deemed hazardous, the

employer is required to contact SafeWork SA for clarification and to obtain certification that the work is not of a hazardous nature.

 

Schedule 3

 

High Risk construction work

 

A child under 18 years of age shall not be employed working on a building construction site in

defined ‘high-risk construction work’ (refers to NOHSC:1016 2005) as follows:

                         

                 (a) construction work where there is a risk of a person falling two metres or more;

                 (b) construction work on telecommunications towers;

                 (c) construction work involving demolition;

                 (d) construction work involving the disturbance or removal of asbestos;

                 (e) construction work involving structural alterations that require temporary support to

                      prevent collapse;

                 (f) construction work involving a confined space;

                 (g) construction work involving excavation to a depth greater than 1.5 metres;

                 (h) the construction of tunnels;

                 (i) construction work involving the use of explosives;

                 (j) construction work on or near pressurised gas distribution mains and consumer piping;

                 (k) construction work on or near chemical, fuel or refrigerant lines;

                 (l) construction work on or near energised electrical installations and services;

               (m) construction work in an area that may have a contaminated or flammable atmosphere;

                (n) tilt-up and precast concrete construction work;

                (o) construction work on or adjacent to roadways or railways used by road or rail traffic;

                (p) work on construction sites where there is any movement of powered mobile plant;

                (q) construction work in an area where there are artificial extremes of temperature;

                (r) construction work in, over or adjacent to water or other liquids where there is a

                    risk of  drowning; and

                (s) construction work involving diving.

 


 

Schedule 4

 

Letter of Appointment

 

Schedule 4 to this Award is a model letter of appointment which must be provided to all

employees, upon engagement consistent with clause 25 of this Award. The employer must

complete the details required, provide any other employer-specific requirement and sign

the letter along with the employee.  The letter should be provided on the employer's letterhead. 

In the case of casual employees such notification need only be supplied at the initial engagement and when that employee's employment status changes.  The provision of information as required by clause 22 in a written format other than that provided herein shall not constitute a breach of the Award.

 

 Employer Details

 

Full business name and address

 

 

Trading name

 

 

ABN

 

 

ACN

 

 

 

 

 Employee Details

 

Name and address

 

 

 

Date of Birth

 

 

 

Contact Phone/s

 

 

 

Emergency Contact Person

and details

 

 

 

NATURE OF EMPLOYMENT

 

Full-time, part-time or casual? (please circle)

 

Fixed term? (please circle)

 

If yes, state period

 

    Full-time     Part-time     Casual

 

Yes/No

 

 From ___________  To _____________

What job is the employee to perform?

 

 

 

 

 

 

What duties will the employee perform?

 

 

 

 

 

At what classification level is the employee engaged?

 

 

 

What is the name of the Award(s) and/or other industrial instrument that operates in this workplace?

 

 

What is the union with coverage under the Award or Industrial Instrument that

operates in this workplace?

 

 

 

CONDITIONS OF EMPLOYMENT

 

What are the days on which the employee will usually work?

 

 

 

 

 

What are the hours to be worked?

 

 

 

What days of the week will be worked?

 

 

 

What are commencing and finishing times?

 

 

 

 

When are rosters most commonly set?

 

 

 

 

You have been engaged in accordance with the terms and

conditions of the _________________________________________________

Award/Agreement

 

 

 

Signed (Employer):      __________________________________________________________

 

Signed (Employee):     __________________________________________________________

 

Signed by parent/guardian:     ___________________________________________________

 

Date:                            __________________________________________________________                  


 

Appendix 1

 

Information on employment, industrial rights

and health and safety matters

Business SA

 

Website at http://www.business-sa.com/Default.aspx?p=67

Telephone 08 8303 0000

136 Greenhill Road, Unley South, 5061

 

Employee Ombudsman

 

Website at http://www.oeo.sa.gov.au/

Telephone 08 8207 1970

Level 6, 63 Pirie St Adelaide, 5000

 

SafeWork SA

 

For advice on occupational health and safety and industrial advice

Website at http://www.safework.sa.gov.au/show_page.jsp?id=2263

 

Adelaide

Telephone 1300 365 255 or 08 8303 0400

Level 3 1 Richmond Road Keswick 5035

 

Berri

Telephone 8595 2199

Level 1, 30 Kay Street, Berri 5343

 

Port Lincoln

Telephone 8688 3057

73-75 Tasman Terrace Port Lincoln 5606

 

Whyalla

Telephone 8648 8714

15-17 Horwood Street, Whyalla 5600

 

Mount Gambier

Telephone 8735 1199

Level 1, 11 Helen Street, Mount Gambier 5290

Port Pirie

Telephone 8638 4777

Level 1, 104 Florence Street, Port Pirie 5540

 


 

SA Unions

 

Website at http://www.saunions.org.au/

Telephone 08 8279 2222

46 Greenhill Road, Wayville, 5034

 

Traineeship and Apprenticeship Services DFEEST

 

Website at http://www.employment.sa.gov.au/employ/

Telephone 1800 673 097

 

Adelaide - City Location
Level 12, 100 Waymouth Street
Adelaide SA 5000

 

Whyalla
141 Nicolson Avenue
Whyalla Norrie SA 5608
Telephone 08 8648 8838

 

Mount Gambier
290 Commercial Street West
Mount Gambier SA 5290
Telephone 08 8735 1160

 

Working Women’s Centre

 

Website at http://www.wwc.org.au/

Telephone 08 8410 6499

1st Floor, Station Arcade, 52 Hindley Street, Adelaide, 5000

 

Youth Affairs Council

 

Website at http://www.yacsa.com.au/cgi-bin/wf.pl

Telephone 08 8226 3080

Level 1, Torrens Building, 220 Victoria Square, Adelaide, 5000

 

Young Workers’ Legal Service

 

Website at http://www.saunions.org.au/ywls/index.htm

Telephone 08 8279 2234

46 Greenhill Road, Wayville, 5034

 

 

 

 

 

 

 

 

 

 

 


 
 
 

Feedback - Questions or comments about this site or SA Unions? We would love to hear from you. Email us at saunions@saunions.org.au  Privacy statement

 
   
© 2007 SA Unions
46 Greenhill Road, Wayville  SA  5034
Tel: (08) 8279 2222  Fax: (08) 8279 2223