Employing children

Under the Child Employment Act 2003 (Vic), children under 15 cannot be employed without a permit from the Department of State Development, Business and Innovation.

It is an offence to employ a child under 15 without a permit, and children under 13 cannot work on farms. There is no minimum age for work in a family business operated by a parent or guardian.

Light work: Children may only do ‘light work’, meaning tasks that don’t involve hazards such as moving vehicles, extreme weather, power tools, dangerous equipment, or heavy lifting. Work must not harm the child’s health, safety, welfare, or schooling, and what qualifies as light work depends on the child’s age, sex, and maturity. These rules apply even in family businesses.

Hours of work and rest breaks: Children can work a maximum of 3 hours per day and 12 hours per week during school terms, or 6 hours per day and 30 hours per week outside of school terms. Work is only permitted between 6 am and 9 pm, and not during school hours on school days.
A 30-minute break must be given every 3 hours, with at least 12 hours between shifts. Employing children outside these limits is an offence, though variations can be approved. These rules (except the ban on school-hour work) do not apply to family businesses.

Supervision: Supervision laws apply to all businesses employing children. It is an offence not to properly supervise a child at work, including in a family business. Anyone supervising a child under 15 (other than a parent or family member) must successfully complete the required supervision training.

Records: Employers are legally required to maintain accurate records and documentation when employing children. These records demonstrate compliance with the Child Employment Act and ensure that working conditions, hours, and supervision requirements are being met. Records must include details such as the child’s personal information, age verification, work hours, rest breaks, supervision arrangements, and copies of any relevant permits or authorisations. Employers must ensure that these records are kept up to date and readily available for inspection if requested by an authorised officer.

For more information on employing children and to apply for a permit visit  Employing Children – Business Victoria.

Long service leave

Long service leave is paid leave provided to employees in recognition of a lengthy period of continuous service with the same employer. It applies to all employees, including casual workers, provided there has not been a break in employment of more than three months.

Seasonal workers may also accrue an entitlement to long service leave under certain circumstances. Employers who believe a seasonal employee may qualify should seek legal advice or contact their state farming organisation for guidance.

Special provisions apply when a business is transferred or sold. In these cases, an employee’s prior service may transfer to the new employer. Employers are encouraged to seek legal advice or advice from their state dairy farming organisation to ensure compliance with the relevant legislation.

Entitlement to long service leave: Long service leave laws in Victoria changed on 1 January 2006. Before this date, employees were entitled to 13 weeks’ leave after 15 years of continuous employment.

Since 1 January 2006, long service leave accrues at one week for every 60 weeks of continuous employment with the same employer. After the first 15 years, employees receive an additional 4⅓ weeks for each further 5 years of service.

Employees are now entitled to take long service leave after 10 years of continuous employment. This entitlement has been phased in since 2006, but the phasing-in does not apply on termination.

Continuous employment: Long service leave is based on years of continuous employment, meaning service that is not broken.

Continuity is not broken by:

• Paid or unpaid leave for illness or injury (including WorkCover, regardless of duration).
• Paid leave, including long service and parental leave (up to 104 weeks for casuals and seasonal workers).
• Other authorised leave.
• Termination and re-employment within 12 weeks.

However, the following do not count towards service:

• Unpaid leave over 52 weeks (unless for illness or injury).
• Periods of industrial action.
• Time between dismissal and re-engagement within 12 weeks.
• Stand downs (e.g. business downturn, machinery breakdown).
• Other agreed forms of unpaid leave.

For WorkCover or illness absences before 1 November 2018, only 48 weeks per year count towards service.

Casual and seasonal employees maintain continuity if breaks over 12 weeks occur and:

• The break is agreed or covered by contract.
• The break is due to seasonal factors.
• The employee works on a regular, systematic basis with a reasonable expectation of re-engagement.
• The break is up to 104 weeks of parental leave.

Payment for long service leave: Long service leave is paid at the employee’s ordinary weekly rate at the time leave is taken or employment ends, including the value of board or lodging. Payment can be made at the start of leave, on the usual payday, or as otherwise agreed.

If wages increase during leave, the employee must be paid the higher rate upon return.

Where hours vary, they are averaged over the previous 12 months or five years, whichever is greater (applies after 1 January 2006).

If an employee dies before taking leave, the amount owing must be paid to their personal representative.

Taking long service leave: The start date for long service leave should be agreed between the employer and employee. If no agreement is reached, the employer may direct the employee to take leave by giving three months’ written notice.

An employee who disagrees with the employer’s direction may apply to the Industrial Division of the Magistrates Court. The Court will consider both the employee’s and employer’s business needs before deciding.

Long service leave may be taken in up to three separate periods.

By agreement, leave may also be taken at half pay – for example, 13 weeks’ leave can be taken as 26 weeks at half pay.

Taking long service leave in advance: Long service leave may be taken in advance if both the employer and employee agree. If employment ends before the entitlement has accrued, the employer may deduct the value of the advanced leave from the employee’s final pay.

Deferral of Long Service Leave: Employees may request to defer their leave, with the agreement confirmed in writing. The pay rate must be agreed but not less than the ordinary rate when the leave first became due.

Long service leave and termination of employment:  If employment ends after seven years, long service leave must be paid pro-rata at 1/60th of continuous service. Payment is due on the final day, and any public holidays within the covered period must be included.

Cashing out of long service leave: Cashing out long service leave is not permitted under the Act and it is an offence to pay or receive money instead of taking the leave. It is only allowed on termination of employment.

Public holidays and long service leave: Since 1 January 2006, a public holiday falling within the period of leave is added to the period of leave.

Working while on long service leave: It is an offence to work while on long service leave or to employ someone who is on long service leave.

For more information on Long Service leave in Victoria visit Long service leave | vic.gov.au or Long service leave – an overview | Business Victoria.

Residential tenancies laws: In Victoria, residential tenancy laws do not apply when housing is part of an employment contract.

Employers should agree on a fair notice period for vacating the property if employment ends, typically three to four weeks, allowing time for the employee to find new accommodation while meeting the employer’s needs.

For more information on Accommodation visit Accommodation | The People in Dairy.