New South Wales Consolidated Acts

INDUSTRIAL RELATIONS (CHILD EMPLOYMENT) ACT 2006 - SECT 4

4 Employer to ensure at least minimum conditions provided

(1) This section applies to the employment of a child by an employer if:

(a) the child is employed under an agreement or other arrangement entered into on or after 27 March 2006, and

(b) the employer of the child is a constitutional corporation that is not bound by a State industrial instrument with respect to the employment of the child, and

(c) a State award is in force that covers employees performing similar work to that performed by the child (a "comparable State award") and that award does not bind the employer in respect of the employment of the child.

(2) An employer of a child to whose employment this section applies (an "affected employer") must ensure that:

(a) the child is provided with the same conditions of employment as the minimum conditions of employment for the child, or

(b) if the conditions of employment provided to the child are different to the minimum conditions of employment for the child-the conditions of employment provided to the child do not, on balance, result in a net detriment to the child when compared to the minimum conditions of employment.

Note: A contravention of this section by an affected employer of a child may expose the employer to a civil penalty under section 15.

(3) The "minimum conditions of employment" for a child are:

(a) the conditions of employment for employees performing similar work to that performed by the child for which provision is made from time to time in the comparable State award, and

(b) such other conditions of employment for which the industrial relations legislation makes provision that would have applied to the employment of the child if the employer of the child were bound by the comparable State award.

(4) In determining whether or not an affected employer of a child has provided the child with conditions of employment that, on balance, result in a net detriment to the child when compared to the minimum conditions of employment for the child, an industrial court is to take into account the following matters:

(a) the no net detriment principles set by the Commission from time to time,

(b) any other matter that the court considers relevant.

(5) For the avoidance of doubt, nothing in this section requires an affected employer of a child to provide a condition of employment to the child if the employer is already required to provide the same condition by or under another law of the State.