Department store chain TK Maxx has pleaded guilty to breaching Victoria’s child employment laws by employing children under 15 at its Werribee store.
Wage Inspectorate Victoria, the state’s child employment regulator, began investigating TJX Australia Pty Limited, trading as TK Maxx, as part of a compliance blitz in December 2022.
On December 8 2022, the Wage Inspectorate found TK Maxx Werribee was employing a child under 15 without a permit, so it warned the business that the child must cease work immediately.
However, TK Maxx Werribee proceeded to employ another child without a permit the very next week.
The investigation also found the parental consent form used by TK Maxx noted that children would be working in line with child employment restrictions. Restrictions they have now admitted to breaching.
In the Melbourne Magistrates’ Court on Tuesday 16 April, TK Maxx Werribee pleaded guilty to employing two children under 15 without a permit on 12 occasions; failing to ensure a child was supervised by someone with a Working with Children Clearance on four occasions; employing a child for more hours than they are permitted to work on three occasions; employing a child later than 9pm on three occasions and failing to provide children with a 30-minute rest break for every three hours worked on 11 occasions.
The offences took place between September 28 and December 26, 2022.
In sentencing, Magistrate Gregory Thomas said he considered the offending to be inadvertent, and noted the company had no prior convictions and had entered an early guilty plea.
TK Maxx was placed on an adjourned undertaking for 12 months with the condition it pay $5,000 to the court fund.
Speaking after the court hearing, Wage Inspectorate Victoria commissioner Robert Hortle said the parents who gave permission for their kids to work at TK Maxx Werribee had every right to feel let down.
“The consent form they signed said their kids would be working within the legal framework, which is designed to look after their welfare. We now know those laws were broken on several fronts,” commissioner Hortle said.
“TK Maxx received a clear warning from the Wage Inspectorate that kids under 15 cannot work without a permit yet ignored the regulator and went on to employ another child without a permit just a week later. It’s behaviour that shows a disregard for child employment laws and for the wellbeing of its young employees.”
Commissioner Hortle said the outcome should serve as warning for other businesses, that employing children comes with strict conditions.
“Kids don’t have the same mental or physical stamina as adults, so they can’t work the same hours and need to have regular rest breaks. It’s concerning to see a workplace of this size fail to take the welfare of kids into account.”
