The Joint Standing Committee on Treaties has recommended the Australian Government ratifies the International Labour Organization Convention No. 138: Convention concerning Minimum Age for Admission to Employment (the Convention).

Media release issue date: Tuesday, 7 March 2023

The Joint Standing Committee on Treaties has recommended the Australian Government ratifies the International Labour Organization Convention No. 138: Convention concerning Minimum Age for Admission to Employment (the Convention). Committee Chair, Mr Josh Wilson MP said, “the purpose of the Convention is to effectively abolish child labour by ensuring that the right of children to attend school will be protected; that types of economic activity that may be undertaken by children will be regulated; and that children’s health, safety and morals will be protected”. The Convention contains three key obligations: a requirement to specify the age of completion of compulsory schooling as the minimum age for admission to employment or work (in any case not less than 15 years); a requirement to establish 18 years as the minimum age for hazardous work (or 16 years if certain protections are in place); and a requirement to specify the conditions where children no younger than 13 years may undertake light work. The flexible framework provided by the Convention means Members with varied legal systems can ensure their compliance with its obligations. While there is not a single prohibition against child labour in Australia, the Committee agreed that in effect it is prevented through the combination of education, employment, and workplace health and safety legislation. Children across jurisdictions in Australia will continue to be permitted to undertake light work where the available evidence suggests such work is undertaken in beneficial circumstances without impact on their health and wellbeing. “Ratification would add to Australia’s existing strong framework for the education and safe employment of young people”, Mr Wilson said. “One way it would achieve this is through reporting requirements to the International Labour Organization (ILO). One year after the Convention enters into force, Australia would submit a report on its compliance. Every three years, Australia would then report to an ILO committee of experts for an impartial and technical evaluation. In essence, we would be held to the commitments we have signed up to.” “By becoming party to this convention, we would join a large part of the international community. Importantly, it would lend credibility to Australia in promoting strong measures to eliminate child labour in the Asia-Pacific”, Mr Wilson said. The Committee expressed that it looked forward to receiving a copy of Australia’s first report on compliance with the Convention. The Report can be found on the Committee website, along with further information on the inquiry. Media inquiries Mr Tim Watkin, Chief of Staff 0434 555 823 For background information Committee Secretariat 02 6277 4002 jsct@aph.gov.au For more information about this Committee, you can visit its website. On the site, you can make a submission to an inquiry, read other submissions, and get details for upcoming public hearings. You can also track the Committee and receive email updates by clicking on the blue ‘Track this Committee’ button in the bottom right hand corner of the page.

The Joint Standing Committee on Treaties will be holding a hearing into the International Labour Organization Convention concerning Minimum Age for Admission to Employment (the Convention).

Media release issue date: Monday, 6 February 2023

The Joint Standing Committee on Treaties will be holding a hearing into the International Labour Organization Convention concerning Minimum Age for Admission to Employment (the Convention). Committee Chair, Mr Josh Wilson MP said, “the Convention aims to abolish child labour by protecting the right of children to attend school, and by ensuring the types of economic activity that may be undertaken by children is properly regulated”. “The Convention contains a number of obligations including a requirement to specify the age of completion of compulsory schooling as the minimum age for employment or work, and other requirements with regard to the classification of hazardous work and light work”, Mr Wilson said. The Committee will be hearing from witnesses from the Department of Employment and Workplace Relations and the Department of Foreign Affairs and Trade. Public hearing details Date:        Monday, 6 February 2023 Time:       11.20 am – 1.00 pm AEDT (approximately) Location:  Committee Room 2R1, Parliament House The hearing can be accessed online and the program can be found on the Committee website, along with further information on the inquiry. Media inquiries Mr Tim Watkin, Chief of Staff 0434 555 823 For background information Committee Secretariat 02 6277 4002 jsct@aph.gov.au For more information about this Committee, you can visit its website. On the site, you can make a submission to an inquiry, read other submissions, and get details for upcoming public hearings. You can also track the Committee and receive email updates by clicking on the blue ‘Track this Committee’ button in the bottom right hand corner of the page.