123ArticleOnline Logo
Welcome to 123ArticleOnline.com!
ALL >> Legal >> View Article

Australian Workplace Agreements - Younger Employees

Profile Picture
By Author: James Mark
Total Articles: 13
Comment this article
Facebook ShareTwitter ShareGoogle+ ShareTwitter Share

Introduction:
This article will be useful reading for all employers of younger workers as well as parents / guardians of such employees and the employees themselves.

Australian Workplace Agreements are in force for an ever increasing number of individuals. While the employer can choose to opt out of a workplace agreement, and simply choose a general agreement, governed by common law principles rather than statue, many do not. There are special rules for employing younger employees on AWAs. This article explains the law so you stay the right side of it.

Written adult consent:
Just like any contract, signing it means accepting the terms within in. However, if the employee is under 18 years of age, his or her AWA must also be countersigned by an appropriate person (such as a parent or guardian - of course this can't be the employer who is party to the AWA). If the AWA is not countersigned by an appropriate adult, the requirements for approval will not have been met. This has the effect of there being no contract.

Bargaining agents:
Any employee is able to appoint a bargaining ...
... agent to help them to negotiate an AWA. Of course the younger the employee, the more sensible it is to appoint a bargaining agent. Anyone may be a bargaining agent as long as they meet certain requirements which are that they must not be:
Under 18 years of age;
Acting for the other party to the AWA;
Bankrupt; or
Convicted of certain criminal offences.

Thus, the bargaining agent could be a parent, family member, friend, trade union representative or any other person. To be a valid agent, the employee must appoint the bargaining agent in writing and give a copy of the appointment document to the employer before agreement negotiations begin.

Of course while a bargaining agent may be useful, it is unlikely that a contract for an under 18 will be significantly complex enough to warrant calculated negotiations on behalf of either party, however, it is useful for the younger employee if the bargaining agent thoroughly reads through the contract to ensure that all the terms seem fair and reasonable.

An employee cannot be sacked for refusing to negotiate, make, sign, extend, vary or terminate an AWA.

Unlawful termination:
The unlawful termination provisions of the Workplace Relations Act prohibit dismissal on a range of grounds including age. Thus, an employee cannot be dismissed because the employer thinks they are too young (or too old).

Unlawful termination (which is different from unfair dismissal) applies to all employees in Australia, irrespective of the size and type of the business.

Remuneration for younger employees:
The Australian Fair Pay Commission (Fair Pay Commission) is responsible for setting and adjusting minimum wages, including minimum wages for juniors.

The Fair Pay Commission must have regard to ensuring that junior employees are ‘competitive in the labour market' when setting and adjusting their minimum wages.

The Fair Pay Commission will also be able to determine one or more special Federal Minimum Wages (special FMWs) for particular groups of junior employees.
As the rates change annually, we have not specified them here.

Assistance:
The Office of the Employment Advocate (OEA) provides a free service for employees to explain the contents of workplace agreements and AWAs. The OEA takes into account the circumstances of the particular employees, thus, if they are young, they will explain the terms of the AWA so that the employee can easily understand their responsibilities and rights.

Contract of Employment - Employee Agreement - Employment Agreement - Employment Agreements - Employment Contract - Employment Contract Template - Employment Contract Terms - Employment Contracts - Standard Employment Contract

Total Views: 285Word Count: 615See All articles From Author

Add Comment

Legal Articles

1. How Does The Van Nuys Courthouse Work? A Complete Criminal Defense Guide !
Author: Van Nuys Crime

2. Canada Express Entry: First Pnp And Cec Draws Of July 2026
Author: Atul

3. Terminate A Michigan Irrevocable Trust Form
Author: Carl Glendon

4. Esic Consultant In Delhi
Author: Amit sharma and associates

5. Best Divorce Lawyers In Hyderabad | Renuka Law Firm
Author: Renuka

6. Protect Your Immigration Future With A Trusted Refugee Lawyer
Author: LEGEX LLP

7. The Most Famous And Best Lawyers In Bahrain
Author: Newton Legal Group

8. Best Family Lawyers In Hyderabad | Renuka Law Firm
Author: Renuka

9. Lease Agreement In Illinois
Author: Carl Glendon

10. Marriage Immigration Lawyer: When Do You Really Need Legal Help For A Marriage Green Card?
Author: Berd & Klauss, PLLC

11. Top 7 Immigration Myths Indians Still Believe In 2026
Author: Atul

12. Iepf Claim Rejected? Top Reasons, Solutions & Refiling Checklist
Author: Expertvuw Management

13. Apply For An Australia Partner Visa From India: Everything You Need To Know
Author: Atul

14. Last Will And Testament In Massachusetts
Author: Carl Glendon

15. Understanding The Role Of A Child Molestation Lawyer Rhode Island When Facing Serious Criminal Charges
Author: Law Office of John R. Grasso

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: