Red Rooster and Cold Rock Ice Creamery franchise stores have been slapped with hundreds of charges *each* for allegedly breaching strict Victorian child labour laws, ABC’s 7.30 reports.
Red Rooster’s Wodonga franchise has been hit with a whopping 355 criminal charges of employing 10 children under the age of 15 without a permit on 168 occasions, failing to ensure the children were supervised by someone with a Working with Children Clearance, employing children for more hours than they are permitted to work, and employing them later than 9pm.
Cold Rock’s Shepparton franchise is facing 124 criminal charges of employing six children for more hours than they were permitted to work, employing children later than 9pm and for failing to provide a rest break of at least 30 minutes after every three hours worked.
Getting a part-time job is common for many Australian kids, but those opportunities can come with the risk of exploitation. Tonight’s story reveals two Victorian franchises of major fast-food brands are facing charges of illegal child employment. @nadiasdaly #abc730 pic.twitter.com/06rmYD0l1G
— abc730 (@abc730) May 15, 2023
If you’re not from Victoria, these might seem like alien rules to you. I mean, a minimum of 30 minutes off after only three hours of work and a permit to employ children? NSW could never.
The thing is, child labour laws vary pretty wildly across Australia depending on the state you’re in and, as these franchise stores have just discovered, Victoria’s child labour laws are the most comprehensive — which experts reckon can lead to confusion.
“In South Australia and in Tasmania, the regulation is quite light. So the prohibitions around children performing work occur only during school hours, and work can be done by them at other times,” child employment law expert Dr. Gabrielle Golding said, per ABC News.
“In other jurisdictions, it is the case, for example, in Victoria, that you need to actually seek a permit to be able to employ a child … So for someone to look at the position around the country, it not being harmonised, is quite confusing.”
That’s not to defend the franchises though — it’s their responsibility to be on top of the law, and ignorance is not an excuse.
“I tend to think that if an employer can guarantee the quality of a burger or the ingredients in a muffin, whether it’s bought in Busselton or Brunswick, that they can put systems in place to comply with child employment laws,” Wage Inspectorate Victoria Commissioner Robert Hortle told the ABC. Honestly, excellent point king.
“I don’t think the community differentiates whether or not it’s a franchisee or franchisor. I think what they expect is that these brands get it right and that children are employed safely in the workplace.”
The franchise stores are facing “up to $20,000 per breach of the law”, according to Hortle. Considering they’re facing allegations of hundreds of breaches, that’s a *lot* of money.
Red Rooster Wodonga will appear before the Melbourne Magistrates Court in May. Cold Rock Shepparton will face court in June.
