Victoria’s child employment watchdog, Wage Inspectorate Victoria, has slapped a Muffin Break franchisee in Westfield Southland Shopping Centre with 360 child labour charges.
Wage Inspectorate Victoria alleges that between March and October 2022, the franchisees of Muffin Break (Southland), Rianshi Pty Ltd., failed to comply with the Child Employment Act 2003.
According to the Wage Inspectorate Victoria, the alleged breaches mainly fall under five categories.
The first alleged breach is that Rianshi Pty Ltd. employed three children under the age of 15 without a permit on 111 occasions.
The second alleged breach is that Rianshi Pty Ltd. failed to supervise them with staff who had a Working with Children Clearance.
The purpose of the clearance is to screen people for any criminal history and charges or convictions for certain offences that would prohibit them from working directly with children.
The third alleged breach is that Rianshi Pty Ltd. failed to allow a 30-minute break after every three hours of work.
The fourth alleged breach is that Rianshi Pty Ltd. made children work longer than the legally allowed three hours per day during a school term.
The fifth alleged breach is that Rianshi Pty Ltd. made children work more than six hours per day during school holidays.
If convicted, the maximum penalty for each of the above offences is $18,174 for the 2021-22 financial year and $18,429 for the 2022-23 financial year.
The matter has been listed for mention in the Melbourne Magistrates’ Court on June 15.
In Victoria, the legal age to work is 15. A person under 15 must obtain a permit from the Wage Inspectorate Victoria before commencing work.
The inspectorate would then check with the employer that certain essential matters, such as work safety, hours of work, rest breaks, and work supervision issues are being met.
The breach by Muffin Break franchinsee Rianshi Pty Ltd. is the eighth child employment prosecution the inspectorate has commenced in the last 18 months.
The sister company of Jamaica Blue, Muffin Break is a franchise business of Foodco and has 275 small bakery cafe coffee shops throughout Australia, New Zealand, and the United Kingdom.
New Laws Coming in July
New child employment laws in Victoria will become active from July this year, which will see a licensing system replace the existing permit system.Under the new laws, employers will be able to employ several children under one licence instead of the current permitting system, which requires separate applications for each employee under 15.
Under the new Act, employers must declare either a “nominated officer” or an “employer representative” role to ensure that the licence conditions are met.
It will also introduce a new public register of all child employment licence holders on Wage Inspectorate Victoria’s website.
