85 Per Cent Pty Ltd trading as Mount Martha Gourmet Burgers has been fined $8,000 after pleading guilty to employing children without a child employment licence.
Workforce Inspectorate Victoria (WIV) charged the business after it employed 3 children under the age of 15 to perform customer service, cleaning, food packing and serving duties over a period of 7 months.
Factoring 85 Per Cent’s early plea of guilty and prior good character the Magistrates’ Court of Victoria issued the business an $8,000 fine.
While the Magistrate accepted the employer was unaware of the child employment requirements, they noted that it was incumbent on all employers to comply with all employment laws – and where employing children – to make the necessary enquiries.
This non-compliance was detected during an audit of 122 businesses in the Mornington Peninsula Shire.
WIV conducted more than 530 child employment audits, investigations, and education activities during 2025-26.
Quotes attributable to Robert Hortle, Commissioner of Workforce Inspectorate Victoria
“Being unaware of your legal obligations doesn’t cut it – the responsibility rests with the employer to make sure they are complying with the Child Employment Act.”
“We can help businesses employ kids safely and legally. We’d much rather provide education and support to businesses than pursue enforcement action and we encourage businesses to contact us for advice.”
“Businesses that employ children under the age of 15 must have a licence and understand their obligations to protect the child while they are at work.”
“We will continue to conduct audits and investigations into businesses to ensure they are providing a work environment that is safe for children under the age of 15.”
Background on Victoria’s Child Employment Act
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.
