Child employment laws back in spotlight after major franchisee breach

Employers are being reminded of their responsibilities when hiring junior staff after both a Red Rooster and Cold Rock Ice Creamery franchisee were hit with a multitude of employment law charges.

The two businesses are facing criminal charges in the Magistrates Court of Victoria over alleged breaches of the state’s child employment laws.

The matter will allege Wodonga Food, trading as Red Rooster Wodonga, contravened the Child Employment Act 2003 by employing 10 children under the age of 15 without a permit on 168 occasions; failing to ensure the children are supervised by someone with a Working with Children Clearance; employing children for more hours than they are permitted to work; and employing children later than 9pm.

Meanwhile, the filing against G & K Pearse, trading as Cold Rock Shepparton, relates to the employment of six children with the charges alleging the business breached the act by employing children for more hours than they are permitted to work; employing children later than 9pm; and failing to provide a rest break of at least 30 minutes after every three hours work.

The charges against both Red Rooster Wodonga and Cold Rock Shepparton were filed by Wage Inspectorate Victoria, the state’s child employment watchdog. The former was served with 355 child employment charges, while the latter faces 124 charges.

“The maximum penalty for each of the offences in these matters is 100 penalty units ($18,174 for offences in the 2021–22 financial year and $18,429 for offences in the 2022–23 financial year),” a statement from Wage Inspectorate Victoria said.

“The charges against Red Rooster Wodonga and Cold Rock Shepparton come shortly after Muffin Break (Southland) was served with 360 criminal charges for alleged child employment breaches.”

Robert Hortle, commissioner of Wage Inspectorate Victoria, said the charges offer a stark reminder for employers to ensure they comply with child employment laws.

“Victorians will be disappointed to see these household names facing allegations of breaching child employment laws,” commissioner Hortle said.

“These are the type of businesses where many kids get their first job, so people rightly expect them to have a strong focus on creating a safe workplace for kids, which is what child employment laws help ensure.

“Kids under 15 don’t always recognise risks in the workplace, and some don’t feel able to speak up when they feel unsafe. Child employment laws help ensure the employer understands the risks and puts measures in place to keep young staff safe.”