Understanding Your Obligations When Hiring Staff Under 18

Hiring younger workers can be a practical solution for service station operators, particularly for after school shifts, weekends and school holiday periods. Many operators rely on employees under 18 to fill gaps in the roster, and for many young people a job at a local servo is their first experience of the workforce. But hiring minors comes with specific legal obligations that operators need to understand and comply with.

The rules around employing young workers vary by state and territory. In New South Wales, there is no minimum working age, but there are restrictions on school aged children working during school hours and employers have responsibilities around the type of work and conditions. In Queensland, the minimum age for employment is generally 13, with restrictions on working hours for all school aged children. In Victoria, employers must hold a child employment licence before employing anyone under 15, whether the work is paid or voluntary. Employing a child without this licence is a criminal offence. Operators need to check the specific requirements in their state before hiring anyone under 18.

Working hours are one of the most important areas to get right. In Victoria, school aged children can work a maximum of 3 hours per day and 12 hours per week during school term, and only between 6am and 9pm. In Queensland, school aged children cannot work more than 4 hours on a school day or 12 hours in a school week, and cannot work between 10pm and 6am. In a service station context, this means you need to be careful about rostering younger staff on closing shifts or overnight shifts. Breaching these requirements can result in significant penalties, and it is the employer’s responsibility to ensure compliance, not the employee’s or their parents’.

Health and safety obligations are heightened when employing young workers. Under work health and safety laws, employers must ensure that the work environment is safe for all employees, but young workers are considered more vulnerable due to their lack of experience and physical maturity. Tasks that involve operating heavy machinery, handling hazardous substances or working in high risk areas may not be appropriate for employees under 18. In a service station, this could include certain cleaning chemicals, fuel handling tasks or operating equipment like compactors.

Tobacco sales are another area where the rules vary by state. In NSW and Victoria, employees under 18 are legally permitted to sell tobacco products, but the employer carries full responsibility for ensuring those employees are properly trained on age verification requirements and understand the legal consequences of selling to a minor. It is strongly recommended that younger staff selling tobacco do so under the supervision of an adult. In Queensland, employees under 18 are not permitted to sell or handle smoking products as part of their job. In Western Australia, young people are also prohibited from selling tobacco in retail outlets. In South Australia, employees under 16 cannot sell tobacco products, and it is recommended that those between 16 and 18 are not employed to sell them either. Regardless of which state you operate in, thorough training on tobacco sales obligations is essential for any employee handling these products.

Training and supervision are particularly important for younger employees. They are less likely to recognise hazards, less confident about raising concerns and more susceptible to pressure from customers or colleagues. Operators should provide thorough induction training, assign a supervisor or buddy for the first few weeks, and check in regularly to make sure the young worker understands their duties and feels safe. This is not just good practice. It is a legal obligation under your duty of care. ServoPro members have access to ServoSkills, our staff training platform designed specifically for the petrol and convenience retail environment, which provides a structured way to train new employees including younger workers on the standards and procedures they need to know.

Pay rates for employees under 18 are set out in the relevant modern award. Junior rates apply in most awards, calculated as a percentage of the adult rate based on the employee’s age. Make sure you are applying the correct rate and updating it when the employee has a birthday. Underpayment of young workers, even unintentionally, is taken seriously by the Fair Work Ombudsman and can result in significant penalties. ServoPro members can access the current award wage rates in the members area of our website.

Parental consent requirements vary by state. In Queensland, written parental consent is required for workers under 18. In other states the requirements differ, but regardless of the legal minimum, obtaining written consent from a parent or guardian before employing anyone under 16 is strongly recommended. This protects both the operator and the young person, and sets a professional tone from the start of the employment relationship.

Hiring young workers can be a positive experience for both the operator and the employee, but only if the obligations are understood and met. Getting it right means a reliable team member who learns valuable skills. Getting it wrong can mean penalties, reputational damage and a young person who has a negative first experience of work.

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