G and K Pearse Pty Ltd, trading as Cold Rock Shepparton, pleaded guilty in Melbourne Magistrates’ Court to four charges of employing children for more hours than they are permitted to, six counts of employing children later than 9pm, and six counts of failing to provide a rest break of at least 30 minutes after every three hours work.
The court heard the offences were in relation to the employment of six children and took place over a six-month period between April 17 and October 23 last year.
Child employment laws restrict when businesses can employ children and how long they can work.
Child employment laws state that during a school term, children can be employed for a maximum of three hours a day and 12 hours a week, while during school holidays, children can be employed up to six hours a day and 30 hours a week.
While the business was charged with four counts of employing children for more hours than they are permitted to work, the charges related to that occurring on 44 occasions during the school term.
Charge sheets show that the extra amount of time the children at Cold Rock Shepparton worked over their allowed hours ranged between one hour and two-and-a-half hours.
Child employment laws state children can also only work between 6am and 9pm — unless street-trading.
The six counts of employing children later than 9pm faced by Cold Rock Shepparton related to 44 occasions.
The charge sheets showed children finishing work at Cold Rock Shepparton between 9.40pm and 10.50pm.
Under law, children must also receive a 30-minute rest break after every three hours work.
While Cold Rock Shepparton was charged with six counts of breaching this law, this occurred on 20 separate occasions.
Charge sheets showed the children worked between 35 minutes and one hour and 50 minutes longer than they should have without a break.
The company was convicted and fined $4500 for the breaches.
The Wage Inspectorate Victoria said the conviction is the second time the ice-creamery has been reprimanded for breaching child employment laws, having received a formal caution for doing so in 2021.
Wage Inspectorate Victoria, the state’s child employment regulator, began investigating G & K Pearse Pty Ltd, trading as Cold Rock Shepparton, in October 2022 after receiving an anonymous tip-off alleging a 13-year-old child was working long hours and had, at one point, worked for eight days straight.
Wage Inspectorate Victoria commissioner Robert Hortle said children don’t have the same mental or physical stamina as adults, so they can’t work the same hours, and they certainly shouldn’t be working for eight days straight.
“It’s concerning to see a business that employed six children ignoring child employment laws,” he said.
“Most adults wouldn’t work for eight days straight, let alone a child under 15.
“With laws this simple, and the amount of help available, there really is no excuse for not complying.
“Cold Rock Shepparton is the type of business where many kids get their first job, so it’s important they comply with the law and provide a safe environment.
“Kids don’t have the experience, stamina or judgement of more experienced workers, so they need the employer to consider their welfare.”
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