What Is the Minimum Working Age in Australia?

Hiring young people can be a great way to grow your team, support your local community and build a strong pipeline of future talent.

But when it comes to employing school-aged workers, the rules can feel confusing. There isn’t one single “Australia-wide” minimum working age. Instead, each state and territory sets its own rules about how old a person must be to work, the types of work they can do, and when they can do it.

In this guide, we’ll unpack how the minimum working age works across Australia, what employers need to consider before hiring juniors, and the key compliance steps to keep you out of trouble. We’ll also touch on hours, breaks, pay, parental consent and the practical documents you should have in place.

How Old Do You Need To Be To Work In Australia?

There’s no single national minimum working age that applies across all industries. State and territory laws set different rules for children and young people (usually defined as under 18). As a general guide:

• Many states set a minimum age of around 13 years for most part-time or casual work.
• Certain light delivery work (like newspapers and leaflets) can sometimes start earlier (often 11-12 years) under strict limits.
• Entertainment and modelling work often has its own permit/licensing scheme and supervision requirements that apply at younger ages.
• Alcohol service, hazardous work and late-night work are either restricted or prohibited for minors.

Because the details vary, your first step should be to check the rules in your location. For example, employers in New South Wales can start with our overview of the legal age to start working in NSW, which explains how age rules interact with schooling and other restrictions.

It’s also important to remember that employing young people isn’t just about age. You’ll need to comply with the Fair Work framework (awards, junior rates, breaks and hours), child employment laws in your state or territory, and any permit or supervision requirements that apply to your industry.

What About State And Territory Differences?

Here’s how to think about it without getting lost in the weeds.

The Big Picture

• “Minimum age” depends on the job: Retail, hospitality and general customer service roles often allow juniors around 13+ to work limited hours. Delivery work may allow younger ages with tighter limits. Entertainment roles usually require specific authorisations regardless of age.
• School comes first: If a person is of compulsory school age, their work must not interfere with attendance or learning. Expect limits on hours during school terms and days.
• Night work is restricted: Most jurisdictions restrict late-night or early morning shifts for school-aged workers, and some restrict work past a set hour (e.g. 10pm).
• Permits and parental consent: Some states require employers to hold a child employment licence or obtain parental consent before a junior starts work.

As an employer, it’s wise to design your junior roles around these principles and then confirm the specifics with the regulator in your state or territory before you hire.

Practical Steps To Stay Compliant

• Confirm local child employment rules: Check the minimum age, permitted industries, and any permit/licensing or supervision obligations where your business operates.
• Map your rosters to the limits: Build your roster template with school-day caps, maximum shift lengths and curfew times baked in from day one.
• Put junior-friendly policies and training in place: Clear instructions, buddy systems and supervisor training help keep minors safe and supported on shift.
• Use written contracts: A tailored Employment Contract helps set expectations and capture parental consent where required.

Hours, Breaks, Night Work And Rostering: What Are The Rules?

Beyond age limits, you must comply with the national workplace relations system (the Fair Work Act and modern awards). For junior employees, the same core concepts apply as for adults - just with some extra protections layered on by state child employment laws.

Maximum Hours And Scheduling

Under Fair Work, full-time, part-time and casual employees are subject to limits on weekly and daily hours, and juniors must be rostered in a way that’s safe and reasonable. Our guides on the maximum hours per week and the legal maximum working hours per day outline the general rules that help you design lawful rosters.

State child employment rules may impose stricter caps for school-aged employees (for example, lower daily hour limits on school days, curfews, and restrictions during exams). Always follow the most protective rule that applies.

Minimum Shifts And Guaranteed Hours

Some awards and state laws set minimum shift lengths for juniors. Make sure your roster meets any relevant minimum work hours obligations and that you’re not calling juniors in for unreasonably short shifts. If in doubt, standardise your minimum shift length across the team to avoid accidental underpayments.

Breaks And Rest Periods

Breaks are essential for safety and wellbeing. The award for your industry will set the minimum break entitlements. As a baseline, review your approach against the national guidance on Fair Work breaks and ensure juniors get rest periods that are at least as generous as adults - often more so.

Trial Shifts And Unpaid Work

Trial shifts, if used, must be lawful and tightly managed. In many cases, trials should be paid. Before you run any tests for junior candidates, make sure your approach aligns with the guidance on trial shift pay and your award.

Paying Juniors: Rates, Super, Tax And Records

Young workers are entitled to the same fundamental protections as adults. That means correct pay, superannuation where applicable, safe work conditions and accurate records.

Junior Pay Rates

Most modern awards specify junior rates as a percentage of the adult rate, increasing with age. You must also observe overtime, penalty rates and allowances where relevant. Keep a clean audit trail: position descriptions, award classification decisions and payroll calculations should all line up.

Superannuation And Tax

Junior employees may still be eligible for superannuation contributions depending on their earnings and circumstances. The law changes from time to time, so confirm current thresholds and pay cycles with your payroll advisor or accountant, and ensure your contracts reflect super entitlements appropriately.

Paying Cash Wages

Paying in cash is not illegal by itself, but strict rules apply around records, payslips and tax. If you pay any staff in cash, make sure your process complies with the rules explained in paying employees in cash and that you issue compliant payslips each pay cycle. For clarity and searchability here, see our guidance on paying employees in cash.

Record-Keeping And Parental Consent

Keep robust records for junior employees, including proof of age, any required parental consent forms, and copies of permits or licences if your state requires them. If you hire school-aged workers, keep a copy of their school timetable to help you schedule lawful shifts during term.

What Legal Documents Do You Need Before Hiring Young Workers?

Good paperwork protects your business and your junior employees. At a minimum, consider the following documents and policies before your first junior starts:

• Employment Contract (Casual or Part-Time): Sets out role, classification, pay, hours, breaks, supervision, and consent arrangements. A tailored Employment Contract is the best way to capture these details in writing.
• Workplace Policies: Clear policies on safety, bullying/harassment, rostering, social media and communication expectations help managers and juniors stay aligned. You can formalise these in a single Workplace Policy or staff handbook.
• Parental Consent Form: If your state requires parental consent (or you choose to collect it as best practice), integrate it into your onboarding pack and keep it on file.
• Privacy And Data Handling: If you collect personal information from staff (bank details, TFNs, emergency contacts), document your practices in your internal policies and ensure secure storage consistent with Australian privacy principles.
• Roster and Safety Procedures: Written procedures for supervision, handling escalations, and after-hours work (if permitted) help managers make lawful, consistent decisions.

If you’re creating junior roles as part of a larger hiring plan, it’s also smart to standardise your offer templates and onboarding checklists so each new starter gets the same compliant experience.

Common Questions Employers Ask About Minimum Working Age

Can Children Work In A Family Business?

Often yes, but the same rules generally apply. Child employment laws don’t disappear because the business is family-run. Expect limits on hours, curfews, hazardous tasks and supervision. Some jurisdictions also require permits regardless of family relationships. Treat family hires the same way you’d treat any other hire from a compliance perspective.

Can Juniors Serve Alcohol Or Do “Adult” Tasks?

Serving alcohol is restricted in most states for people under 18, and some roles (like operating certain machinery) are not allowed for minors. Check your industry-specific rules and the relevant award. When in doubt, redesign the junior role to exclude tasks that might be unsafe or unlawful for their age group.

Do I Need To Pay For Training?

If training is mandatory for the role or performed at your direction, it’s generally treated as work time and should be paid. Build this into your induction plan and budget so juniors are paid fairly while they learn. For a broader view of obligations, see our note on paying for employee training.

What If I Only Need Short Shifts After School?

Short after-school shifts are common, but watch out for minimum shift lengths and curfew rules. Confirm the applicable minimum shift in your award and cross-check against any state-based junior caps. Our guide to minimum work hours can help you set a lawful baseline.

How Do I Handle Breaks For Juniors On Long Shifts?

Breaks are set by awards and the Fair Work framework, and state child employment rules may require additional rest. Review your roster patterns against break entitlements and consider scheduling an extra short rest for minors on longer shifts to support safety and wellbeing.

Can I Use Unpaid Work Trials For School Students?

Proceed with caution. Unpaid work is only lawful in limited scenarios. For juniors, the safest approach is paid trial shifts that are brief, supervised and limited to demonstrating core tasks. Align your approach with the principles in our guidance on trial shift pay and your industry award.

Step-By-Step: Hiring Your First Junior Employee

1) Check Local Child Employment Rules

Identify the relevant minimum age, permitted hours, any permit/licensing requirements and mandatory supervision standards in your state or territory. If you operate in NSW, start with our overview of the legal age to start working in NSW and then reference state regulators if you hire across borders.

2) Map Out Lawful Rosters

Design your rosters using the strictest applicable rules. Cross-check with the award, the maximum weekly hours framework and your obligations around breaks. If you plan after-school or weekend shifts, add curfew cut-offs to your scheduling system.

3) Prepare Your Contracts And Policies

Issue a tailored junior Employment Contract that includes position, classification, pay, break entitlements, supervision and (if required) parental consent. Back this up with a clear Workplace Policy that covers behaviour, communication, safety and rostering expectations.

4) Onboard With Care

Train supervisors on junior-specific rules. Pair young workers with a buddy, walk them through safe tasks first, and ensure they know how to raise a concern. If you run a trial, make it short, paid and supervised in line with trial shift obligations.

5) Pay Correctly And Keep Strong Records

Apply the correct junior award rates and loadings, confirm superannuation entitlements, and issue compliant payslips - even if you’re paying in cash. Keep copies of consent forms, permits, timetables and rosters to demonstrate compliance if audited.

Key Takeaways

• There is no single national minimum working age - state and territory laws set different rules on when and how young people can work.
• Expect tighter limits for school-aged workers, including caps on daily/weekly hours, curfews on late work and restrictions on hazardous tasks.
• Fair Work obligations still apply to juniors: follow award-based rates, breaks and rostering rules, and keep accurate records.
• Before hiring juniors, prepare a tailored Employment Contract and clear Workplace Policies, and collect parental consent or permits if required in your state.
• Design your rosters with compliance in mind, using the strictest applicable limits on maximum hours and minimum shift lengths.
• Get advice early if you’re unsure - aligning your paperwork, rosters and pay from day one is the easiest way to protect your team and your business.

If you would like a consultation on employing juniors or clarifying the minimum working age rules in your state or territory, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.