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Employment Relations

Charges filed following Mornington Peninsula blitz

Workforce Inspectorate Victoria

Workforce Inspectorate Victoria has filed charges in the Magistrates’ Court of Victoria against 85 Percent Pty Ltd, (trading as Mount Martha Gourmet Burgers), alleging the business contravened the Child Employment Act 2003.

The charges follow an audit of 122 businesses along the Mornington Peninsula which identified 574 potential breaches of Victoria’s Child Employment laws.

It is alleged the Mount Martha based business employed three children under the age of 15 without a licence, failed to ensure the children were supervised by an adult with a current Working with Children Clearance and breached maximum hours of work.

The maximum penalties for these offences are in excess of:

  • $244,000 for employment without a licence
  • $244,000 for failing to provide appropriate supervision
  • $47,000 for breaching maximum daily and weekly hours.

The matter has been listed for mention at the Melbourne Magistrates’ Court on 30 June 2026.

Workforce Inspectorate Victoria will make no further comment while the matter is before the court.

Background

Victoria’s child employment laws require employers of children under 15 to have a child employment licence before any work takes place, and to comply with Child Safe Standards.

Workers under 15 must be supervised by someone who holds a valid Victorian Working with Children Clearance (unless exempt).

Child employment laws restrict when businesses can employ children and how long they can work:

  • during a school term, children can be employed for a maximum of 3 hours a day and 12 hours per week and cannot work during school hours
  • during school holidays, children can be employed up to 6 hours a day and 30 hours a week
  • children can only work between 6am and 9pm.

Children must also receive a 30-minute rest break after every 3 hours work and have at least 12 hours break between shifts.

For more information about Victoria’s child employment laws visit Workforce Inspectorate Victoria's website at wiv.vic.gov.au or call 1800 287 287.