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Forum
Started Dec 01 2012, 04:50
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Dec 01 2012, 04:50
Some jurisdictions have laws that could be described as ‘child labour’ laws, which usually place restrictions on certain types of work performed by young persons, times when a young person is prohibited from working and prohibition from employing young persons below a specified age in certain designated work. Such laws are usually based on principles similar to occupational health and safety laws. However, some state child labour laws go beyond this principle and enforce state-based employment conditions on the employment of young people.
The Fair Work Act is not intended to exclude the operation of certain state and territory laws, including ‘child labour’ laws (see s.27(2)(e)), however, the Fair Work Regulations 2009 [Cth] exclude any state or territory law that provides terms and conditions of employment that are covered by the National Employment Standards, or may be included in a modern award or included in an enterprise agreement.
Subject to the relevant state or territory child labour law, the employment of a young person during school holidays or outside school hours would not usually breach the relevant state or territory education law.
ID#43405
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