A MOUNT Martha business is now facing court over claims it illegally employed three children under the age of 15 without a license.
Workforce Inspectorate Victoria (WIV) has filed charges against 85 Percent Pty Ltd, trading as Mount Martha Gourmet Burgers, alleging the business breached the Child Employment Act 2003.
The charges come after a major audit of 122 businesses across the Mornington Peninsula that revealed 574 alleged breaches of Victoria’s child employment laws.
According to WIV, the Mount Martha business employed three children under the age of 15, failed to ensure they were supervised by an adult with a Working with Children Clearance, and breached maximum hours of work.
The company is due to appear before the Melbourne Magistrates’ Court on 30 June.
Under Victorian law, businesses can face penalties up to $244,000 for employing children without a license or failing to provide appropriate supervision. They can also face penalties of up to $47,000 if maximum daily and weekly hours are breached.
The audit targeted businesses where children are commonly employed, particularly during peak times such as school holidays.
Of the 11 businesses found to be employing children under the age of 15, eight were allegedly in breach of child employment laws. The audit found 210 instances of inadequate supervision, 152 instances of employment without a license, 124 instances of working beyond allowed hours, and 64 failures to provide rest breaks.
WIV Deputy Commissioner Lily Dekic said the findings showed the importance of ongoing compliance checks.
“Working provides valuable experience for kids, but they’re still developing mentally and physically and require extra protections in the workplace,” said Dekic.
“It’s very disappointing that almost 40% of the breaches we identified occurred at businesses with a licence to employ children under the age of 15. While most businesses do the right thing this result highlights the importance of these audits in keeping kids safe.”
Victorian child employment laws require businesses to obtain a child employment licence, and parental consent, before employing anyone under the age of 15. Employers must ensure children are supervised by someone who holds a valid Working with Children Clearance unless exempt.
Children under 15 are limited in the hours they are allowed to work. During school terms, they can work a maximum of three hours a day and 12 hours a week, while school holidays increase to six hours a day and 30 hours a week. They are also only allowed to work between the hours of 6am and 9pm.
Previous successful prosecutions of child employment laws include the owner and operator of Donut King at Rosebud (Owner of Donut King fined $10K for child employment breaches, The News 01/04/25).
First published in the Mornington News – 2 June 2026
