Can 13-Year-Olds Work in Australia? Employer Legal Requirements

Hiring juniors can be a great way to build your team, create a pipeline of future talent, and cover peak periods (especially in retail, hospitality and customer service). But once you start looking at very young workers, it’s normal to pause and ask whether 13-year-olds can work in Australia.

The practical answer is: sometimes, yes - but it depends on where your business operates, what the work is, when the work is done, and how you manage risk. Child employment rules are largely governed at a state and territory level, and the penalties for getting it wrong can be serious.

This guide is written for employers and small businesses. We’ll walk you through the key rules, the practical questions to ask before you roster a 13-year-old, and the steps you can take to hire confidently and compliantly.

Can 13 Year Olds Work In Australia?

In Australia, employing a 13-year-old is not automatically illegal. However, it’s heavily regulated. The key point for employers is that the minimum working age is not uniform across Australia - each state/territory can set its own rules for:

• minimum age to work (or minimum age for certain industries)
• maximum hours on school days, weekends and school holidays
• night work restrictions
• types of tasks considered “light work” versus prohibited work
• requirements for parental consent or permits

So if you’re searching “can 13 year olds work in Australia” as an employer, the right follow-up question is: can a 13-year-old work in my state or territory, in my industry, under my proposed roster?

As a general rule, some jurisdictions allow 13-year-olds to do limited “light work” (often with restrictions around school days and late nights), while others set a higher minimum age except for specific categories (for example, entertainment work under a permit, or certain work in a family business). Always check the rules for the state/territory where the child will actually perform the work.

Even when the relevant child employment laws allow it, you still need to comply with:

• the Fair Work Act and applicable modern award (or enterprise agreement)
• work health and safety (WHS) duties (often the biggest risk area with very young workers)
• anti-discrimination laws
• privacy and record-keeping requirements

Which Laws Apply When You Employ a 13-Year-Old?

When you hire a junior employee, you’re usually dealing with two overlapping layers of law:

• Child employment laws (state/territory-based): these determine whether and how a child can work at all.
• Workplace laws (often national system under Fair Work): these determine minimum pay, conditions, and protections.

1) State And Territory Child Employment Rules

Each state and territory can regulate child employment differently. That means you should check rules for the jurisdiction where the child will physically work (for example, your Queensland store versus your NSW store).

Common compliance triggers under child employment rules include:

• minimum age (in some places, 13-year-olds may be able to do certain “light work”; in others, the minimum age is higher unless a specific exception applies)
• maximum weekly hours, including stricter limits during school term
• prohibited industries or tasks (for example, hazardous work, heavy machinery, some late-night hospitality work)
• permit or parent/guardian consent requirements (some jurisdictions require written permission and/or an authority/permit in certain circumstances, such as entertainment or promotional work)

If you operate in more than one state, it’s a good idea to create a junior employment checklist for each location so your managers aren’t guessing.

2) Fair Work, Awards And Junior Employment Conditions

Most small businesses in Australia fall under the national workplace relations system. That means you’ll need to comply with minimum terms under:

• the Fair Work Act 2009 (Cth)
• the National Employment Standards (NES)
• an applicable modern award (for example, Hospitality, Retail, Fast Food, Clerks, etc.)

A modern award will usually contain specific rules for juniors, including:

• junior pay rates (often expressed as a percentage of the adult rate)
• minimum shift lengths
• breaks
• penalty rates (where applicable)

This is where compliance becomes practical: you might be allowed to hire a 13-year-old under child employment laws, but still need to ensure your roster and pay settings match the award.

What Work Can A 13-Year-Old Do (And What Should You Avoid)?

Even where a 13-year-old can legally be employed, the work will generally need to be age-appropriate and low risk. As an employer, your safest approach is to think in terms of “light duties” and build the role around them.

Examples Of Common “Light Work” Tasks

While specifics vary by location and industry, 13-year-old workers are commonly limited to tasks like:

• basic customer service or greeting (with close supervision)
• tidying shelves and light restocking (no heavy lifting)
• clearing tables and basic cleaning (non-hazardous chemicals only)
• packing items, simple labelling, folding, and similar repetitive tasks
• administrative support like filing or basic data entry (where suitable)

These roles should be designed with safety, supervision and simplicity in mind. Clear task boundaries also reduce the chance that a junior worker “helps out” in ways you didn’t intend (for example, using equipment they shouldn’t).

Higher-Risk Tasks You Should Treat With Caution

For a 13-year-old employee, you should be extremely cautious about duties involving:

• hot surfaces, ovens, deep fryers, or open flames
• sharp blades (including slicers), power tools, or machinery
• heavy lifting, repetitive strain, or tasks with a high physical demand
• working alone, especially in customer-facing environments
• late-night work and any scenario involving alcohol service
• cash handling without proper controls (risk of theft, stress, conflict)

Even if a task isn’t technically prohibited, your WHS duties require you to manage risk - and the younger the worker, the more conservative you should be.

Hours, Rosters And Breaks: Setting A Safe (And Lawful) Schedule

When you employ young workers, your rostering decisions matter as much as the hiring decision itself.

Child employment laws often restrict:

• work during school hours
• maximum hours on a school day
• maximum weekly hours during school term
• start/finish times (for example, no late nights)

On top of that, modern awards can impose rules about:

• minimum shift lengths
• minimum breaks and meal breaks
• span of hours (when work can be performed)

Putting a clear rostering process in place early helps you avoid accidental breaches. If you need a reference point for building consistent rosters, employee rostering rules are a good starting framework.

Breaks Matter More With Very Young Workers

Young workers fatigue faster, and they may be less confident about speaking up if they need a break. Make break entitlements clear from day one and train supervisors to enforce them. If you’re reviewing your approach, it can help to check the general position on workplace breaks.

Be Careful With Shift Changes And Cancellations

Junior employees (and their parents/guardians) often plan around school, sport, and family commitments. If you cancel shifts at short notice, you can create real stress - and depending on the award and circumstances, there can be legal consequences too.

It’s worth having a simple written policy that aligns with minimum requirements for cancelling casual shifts, especially if your junior workforce is largely casual.

Pay, Tax And Practical Employment Set-Up For 13-Year-Old Employees

Pay compliance is one of the most common areas where small businesses run into trouble - and junior rates can add an extra layer of complexity.

What Rate Do You Pay A 13-Year-Old?

In most cases, the pay rate will be determined by the relevant modern award and the employee’s age (or junior classification). Junior rates are often a percentage of the adult rate.

To reduce risk:

• confirm the correct modern award coverage for the role
• confirm the junior pay point for the employee’s age
• check whether penalty rates apply for weekends, late shifts, or public holidays (where allowed)
• keep accurate timesheets and payroll records

If you’re ever considering an “unpaid trial” for a junior worker, pause and get advice first - this is a high-risk area for wage claims. The safest approach is to follow the rules around trial shift pay.

Superannuation And Tax: Don’t Assume It Doesn’t Apply

It’s a common myth that “kids don’t need super” or “kids don’t need payroll compliance.” Depending on earnings and circumstances, obligations can still apply.

As an employer, you should treat a 13-year-old employee like any other employee for payroll process purposes:

• onboarding documentation
• pay slips
• record-keeping
• superannuation assessment (based on current rules)

This section is general information only and isn’t tax advice. Your accountant, payroll provider, or the ATO can help you confirm the correct PAYG withholding and super settings for your situation, but it’s still your responsibility to ensure compliance.

How To Hire A 13-Year-Old Safely: A Practical Employer Checklist

If you’re satisfied that your state/territory rules allow the employment, the next step is building a process that protects the child and protects your business.

1) Get Written Parent/Guardian Consent (Even If Not Strictly Required)

Some jurisdictions require consent; others may not. Either way, written parent/guardian consent is a sensible risk management step.

At a minimum, your consent process should cover:

• the job duties (in plain English)
• expected hours and roster patterns
• how the child will get to/from work
• who supervises them
• your process if there is an incident

2) Use The Right Employment Contract (And Set Expectations Early)

A written contract helps avoid misunderstandings about pay, hours, duties and termination - and it’s especially important when the employee is very young and relies on adults around them to interpret arrangements.

If the role is casual (as many junior roles are), consider having a properly drafted Employment Contract (Casual) that aligns with the applicable award and your rostering approach.

3) Put Strong WHS Controls In Place (Training + Supervision)

Your WHS duties don’t change because an employee is young - but the way you manage risk should.

Practical steps include:

• deliver an age-appropriate induction (short, clear, and documented)
• use checklists and visual instructions (where helpful)
• ban certain equipment/tasks for juniors (and enforce it)
• ensure close supervision (especially in the first weeks)
• create a clear escalation path: “If you’re unsure, stop and ask.”

It can also help to train managers on how to give instructions to junior workers and how to spot signs of fatigue or discomfort.

4) Have Clear Policies For Phones, Breaks, Customer Issues And Behaviour

With young workers, policies aren’t just about legal protection - they’re also about creating clarity and confidence.

For example, a simple mobile phone policy can prevent distractions and reduce the risk of inappropriate filming or social media incidents at work.

You should also consider policies that cover:

• breaks and hydration (especially in hot environments)
• how to handle difficult customers (including when to call a manager)
• cash handling rules (if relevant)
• bullying/harassment and respectful workplace conduct

5) Be Careful With Deductions Or “Paying Back” Mistakes

If a young employee makes a mistake (for example, a till shortage or a broken item), it can be tempting to “dock pay.” In many cases, that’s not allowed and can create significant legal exposure.

If you’re unsure, it’s worth checking the rules around withholding pay before taking action.

Key Takeaways

• You can’t rely on one national rule to answer “can 13 year olds work in Australia” - child employment laws are largely state/territory-based, so the answer depends on where your business operates and what exceptions (if any) apply.
• Even when a 13-year-old can be employed, you still need to comply with Fair Work requirements, modern awards, WHS duties, and record-keeping obligations.
• Design the role around low-risk “light work” tasks, and be conservative about hazardous duties, equipment, and working alone.
• Rosters and breaks are a major compliance and safety issue for very young workers - set clear boundaries on hours, supervise properly, and keep written records.
• Use the right employment contract and basic workplace policies to set expectations early and reduce misunderstandings with juniors and their families.
• If you’re unsure about minimum age rules, permitted hours, permits/consents, or award coverage, getting advice early can prevent expensive mistakes later.

If you’d like help hiring juniors (including whether you can employ a 13-year-old in your state, and the right contracts and policies for your business), you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.