Employing staff for your small business carries certain legal responsibilities with respect to your employees. This page provides information and links regarding your obligations as an employer in relation to your employees' awards, wages and conditions of employment, workplace safety and dismissal.
Anti-discrimination
All states and territories in Australia have equal opportunity or anti-discrimination legislation and all Australians have the protection of both federal and their local state or territory anti-discrimination laws.Australian Federal laws
This is a summary of human rights, anti-discrimination and
equal opportunity legislation in Australia.
Human Rights and Equal Opportunity Commission
The Human Rights and Equal Opportunity Commission
investigates discrimination on the grounds of race, colour or
ethnic origin, racial vilification, sex, sexual harassment,
marital status, pregnancy or disability.
Information for employers
This site provides information to assist employers in
understanding their rights and responsibilities under human
rights and anti-discrimination law in Australia. The employers'
page shows that by implementing these obligations, employers
can improve productivity and increase efficiency.
Apprenticeships and traineeships
New Apprenticeship Scheme
The Scheme offers financial assistance for eligible
employers to help reduce the real cost of training. Incentives
and subsidies from $1,375 are available. For information on how
to access these incentives and subsidies and the full range of
incentives employers may be eligible for, contact a
New Apprenticeships Centre in your region.
Awards
Awards outline the rights and obligations of employers and the legally binding minimum wage rates and employment conditions for employees. In the ACT, NT and Victoria, federal awards apply. In the other states, employers and employees can be covered by either a federal or state award, sometimes both.Awards
Wagenet provides an explanation of the difference between
federal and state awards.
WageNet
WageNet provides information about wages and conditions of employment in Australia for work that is covered by federal awards and agreements. This page also provides answers to some of WageNet's frequently asked questions.
WageLine
If you are unsure of your award coverage or how to find the workplace relations information you are seeking, contact WageLine in your state or territory.
Australian Workplace Agreements
An Australian Workplace Agreement (AWA) is an individual agreement between an employer and an employee about their terms and conditions of employment. Employers must find out which federal or state award, or awards, cover the work done by their employees in order to make an AWA.Australian workplace agreements
This site provides information about the AWA process,
checklists, summaries and tips on where to go for assistance
for employers who have decided to make AWAs in their
workplace.
AWAonline
AWAonline now has an online lodgement facility for
Australian Workplace Agreements. Registered users can save and
store AWAs. Browse AWAonline to register, or phone the AWA help
line on 1300 131 090.
Office of the Employment Advocate
The Office of Employment Advocate's (OEA) primary role is to accept lodgements of workplace agreements. In doing this, the OEA provides free support and information to both employers and employees on agreement making.
Certified Agreements
A certified agreement is a collective agreement between an employer and a union representing employees, or between an employer and a group of employees. Many workplaces use certified agreements in place of an award.
Employer rights and responsibilities
Employers and employees have certain obligations or duties to each other under common law. Statutes and their accompanying regulations also determine rights and obligations of employers and employees. These obligations or duties are regarded as legal standards of behaviour in the employment relationship.WorkChoices
WorkChoices is a new federal workplace relations system. As an employer, you will need to determine if this legislation affects you and if so, what you need to comply with.
Unravelling the threads - who is or is not an employee?
If you operate a small business, or if you are thinking of
starting one, you will need to know about your obligations to
employees and other people who perform work for you. This guide
will help you understand some of the most common areas of
federal, state and territory legislation which cause confusion
for employers.
WageNet
Visit the WageNet website for information about wages and conditions of employment in Australia for work that is covered by awards and agreements in your state or territory. You can also contact WageLine by phone on 1300 363 264 if you are unsure of your award coverage.
Employing Staff
Australian Immigration Guide on Work Rights
This guide is designed to help Australian employers check
the work rights of people visiting Australia, and offers
information about the issue of illegal workers in
Australia.
Australian Immigration - information for Australian employers
The Department of Immigration & Multicultural &
Indigenous Affairs offers assistance to Australian employers
dealing with people already in Australia who MAY have the right
to work while on their visit. You can call the employer
information hotline on 1800 040 070 for enquiries about work
rights issues, reading visas and new warning notices.
Australian Job Search
Australian Job Search provides free services to employers to
help them find the right staff for their jobs - employers need
to register on this page to access services that include a
resume bank and free advertising of job vacancies.
Employer Hotline
This is a free service to assist all employers wishing to
lodge vacancies or find out further information about the
benefits of Australian Job Search and Job Network. Phone 13 17
15.
Job Network
Job Network is a national network of around 200 private,
community and government organisations that can help get the
right person for the job. They may also be able to assist with
wage subsidies, training or other support.
Wage Assistance
Wage Assistance provides subsidies to Australian employers who give ongoing jobs to eligible indigenous job seekers. Please note that jobs must meet certain criteria. Go to the Wage Assistance website to find out how to apply for Wage Assistance online and to download an application form.
Ending Employment
Employment ends when an employee resigns, is made redundant or is dismissed by an employer. A dismissal is unfair when it is 'harsh, unreasonable or unjust'. There are both federal and state laws governing unfair dismissal. States and territories have publications outlining whether a termination is lawful and whether the reasons for termination are valid and fair considerations.ETPs - a practical guide for employers in meeting your obligations to employees who stop working for you
This Australian Taxation Office guide offers practical help
to employers regarding lump sum payments, eligible termination
payments (ETPs), to employees who stop working for you. For
further information phone the Superannuation Infoline on 13 10
20.
WorkChoices
WorkChoices is a new federal workplace relations system. As an employer, you will need to determine if this legislation affects you and if so, what you need to comply with.
Tax arrangements for employees and other workers
If your business has employees you are required to deduct tax from their pay, provide them with payment summaries, contribute to their superannuation, and report and make payments to the ATO.Determine the status of your workers
It is important to determine the status of a worker for tax
purposes as there are different obligations under PAYG
depending on whether the worker is an employee, labour hire
worker or independent contractor under a voluntary agreement.
Contractors also have obligations under PAYG.
Employees and other workers checklist
If your business has employees you need:
* to register for PAYG withholding (if you're not already registered)
* withhold amounts from salary and wages and pay them to the ATO
* contribute to your employees' superannuation
* report and pay FBT (if you pay them fringe benefits).
If your business engages contract workers they are required to provide for their income tax liability through PAYG instalments, or you may enter into a voluntary agreement to withhold amounts on their behalf. If your business acts as a labour hire firm to provide people to work for others, you need to withhold from payments to the workers.
Fringe Benefits Tax - a guide for employers
This guide is designed to help employers meet the
requirements of the Fringe Benefits Tax (FBT) legislation.
Labour hire arrangements
Labour hire arrangements commonly involve at least two contracts. A user of labour (the client) typically contracts with a labour hire firm for the provision of labour of a specified kind. The labour hire firm does not contract to perform the work; it merely contracts with the worker and pays the worker. The worker is not an employee of the client and there is no contract between the worker and the client. The worker may or may not be an employee of the labour hire firm.
PAYG withholding for employees
If you have employees, you're required to deduct tax
from their pay and send the deducted amounts to the ATO. This
process is called 'withholding' and is done using the
PAYG withholding. As a new employer, you must register with the
ATO before you withhold from payments to your employees. You
can register for PAYG withholding by completing a form (which
can be sent to the ATO in paper or electronic form) or by
contacting the ATO on 13 28 66.
Superannuation for business
Employers must provide a minimum level of superannuation
support for their employees. Employers can do this by either
making sufficient contributions into a fund that meets
Government rules, or paying a charge to the Australian Taxation
Office. You can call the ATO superannuation helpline on 13 10
20.
Occupational health & safety
As an employer, you have duties under occupational health and safety laws. You must provide and maintain a working environment that is safe and without risks to the health of employees while they are at work. You must also ensure that people who aren't your employees are not exposed to health or safety risks arising from the work being done.
Although all states and territories in Australia have similar health and safety laws, there are some differences. Check the list below for the details of the authority in your state or territory.National Occupational Health & Safety Commission
Health and safety legislation in Australia requires employers to make sure, as far as is possible, that the workplace is safe and the health of employees is not damaged. Read the NOHSC guide to workplace health and safety responsibilities.
Unravelling the threads
This plain English guide provides advice to small business owner/operators about their occupational health and safety duties. Choose the appropriate state or territory to help you find out what you need to know about your OH&S duties.
Transaction Manager
Find your government forms, applications and payments in one
convenient location. Transaction Manager provides centralised
access to a range of federal, state and local government
transactions including Australian Business Number (ABN)
registrations, permits and licence applications, rates payments
and business name renewals.
Australian Capital Territory
Awards - WageNet ACT
In the Australian Capital Territory employers and employees are covered by the federal workplace relations system.
ACT Human Rights Office
The ACT Human Rights Office has a number of resources and
guidelines on discrimination in the workplace for employers and
employees.
ACT WorkCover
It is compulsory for all employers to insure for
workers' compensation liability. Workers' compensation
is covered by separate State and Territory legislation. Phone
02 6205 0200 for further information.
Employment issues for small business
This guide provides introductory information and guidance on the issues surrounding employing staff.
New Apprenticeships
This website provides information on how to employ a trainee or apprentice in the ACT, what traineeships/apprenticeships, subsidies and incentives are available.
New South Wales
Awards - WageNet NSW
In New South Wales employers and employees can be covered by either the federal or state industrial relations systems, or they may be award free.
Check Your Pay
This online service helps employers and employees to
calculate wages and other entitlements including long service
and annual leave.
Dismissing an employee
The NSW Office of Industrial Relations gives practical advice that will help avoid dismissal predicaments.
Employers' guide to Apprenticeships and Traineeships
The Department of Education and Training in NSW provides employers with detailed information about their role and responsibilities under the Industrial and Commercial Training Act 1989 and the administrative requirements relating to the training agreement that exists between the employer and their apprentice or trainee.
Employer rights and responsibilities
The NSW Office of Industrial Relations website explain the rights and responsibilities of employers, including how the law relates to their workplaces and the rights and remedies available.
Information for employers, service providers and advisers
The NSW Anti-Discrimination Board has prepared a number of
guidelines to assist employers and advisers understand how
anti-discrimination laws work in New South Wales.
Managing a Business - Employing staff
The NSW Small Business website provides information on
recruitment, selection and training of staff.
Unfair Dismissal
The NSW Office of Industrial Relations advises employers on how to deal with unfair dismissal applications.
WorkCover NSW
It is compulsory for all employers to insure for
workers' compensation liability. Workers' compensation
is covered by separate State and Territory legislation. For
information phone 13 10 50.
Northern Territory
Awards - WageNet NT
In the Northern Territory employers and employees are covered by the federal workplace relations system.
Employing Staff
The NT Dept of Business, Industry and Resource Development
explain the rights and responsibilities of employers, including
how the law relates to their workplaces and the rights and
remedies available.
Incentives
The Employment and Training Division provides a number of support services, incentives and subsidies to assist employers and apprentices.
Northern Territory Anti-Discrimination Commission
The Commission administers the Northern Territory Anti-Discrimination Act and can provide resources and training for employers and employees.
WorkSafe
It is compulsory for all employers to insure for
workers' compensation liability. Workers' compensation
is covered by separate State and Territory legislation. For
more information phone 1800 019 115.
Queensland
Awards - WageNet QLD
In Queensland employers and employees can be covered by either the federal or state workplace relations systems, or they may be award free.
Anti-Discrimination Commission Queensland (ADCQ)
The Queensland Anti-Discrimination Commission has a number
of resources and guidelines for employers on
anti-discrimination principles and practices.
Apprenticeships and Traineeships
The Department of Employment and Training provides
information for employers who want to employ an apprentice or
trainee.
Termination from employment
The Industrial Relations Act 1999 includes provisions about
dismissal that aim to ensure a system that balances fairness to
employees with the needs of employers to dismiss employees when
there is a good reason.
Rights and responsibilities
The Department of Industrial Relations explains the rights
and responsibilities of employers, including how the law
relates to their workplaces and the rights and remedies
available.
Getting the best from your staff
Managing staff is an important aspect of any growing business - the Department of State Development and Innovation publishes fact sheets on employing people.
WorkCover Queensland
It is compulsory for all employers to insure for
workers' compensation liability. Workers' compensation
is covered by separate State and Territory legislation. For
further information phone 1300 362 128.
South Australia
Awards - WageNet SA
In South Australia employers and employees can be covered by either the federal or state industrial relations systems, or they may be award free.
Wages and Conditions
The SA Employment Relations Information Centre website provides information about what workers are entitled to receive.
Equal Opportunity Commission of South Australia
This website provides information for employers and service
providers on managing equal opportunity in the workplace.
SA New Apprenticeships
Contains information useful to prospective, current and
those apprentices and trainees who have completed their
contract of training, employers, training providers, national
companies and other state training authorities.
Unfair dismissal - A guide for employers
This guide deals with the South Australian legislation
relating to unfair dismissal and also provides information
about employment practices that can minimise the possibility of
a claim being lodged.
WorkCover Corporation of South Australia
It is compulsory for all employers to insure for
workers' compensation liability. Workers' compensation
is covered by separate state and territory legislation. Phone
13 18 55 for more information.
Tasmania
Awards - WageNet TAS
In Tasmania employers and employees can be covered by either the federal or state industrial relations systems, or they may be award free.
Anti-Discrimination Commission
The Anti-Discrimination Commission administers the Tasmanian
Anti-Discrimination Act and can provide workplace training for
employers and employees.
Apprenticeships/Traineeships
This site provides information to employers, apprentices,
trainees and prospective apprentices and trainees. Information
includes incentives, allowances, and who to contact for further
information.
Employment and industrial relations basics - a guide for small business
This guide provides advice to employers and small business owners on employing and managing staff. It includes information on awards, workplace agreements, leave entitlements, termination of employment and health and safety issues.
Workplace Standards Tasmania
It is compulsory for all employers to insure for
workers' compensation liability. Workers' compensation
is covered by separate state and territory legislation. For
further information phone 03 6233 7657.
Staffing your business
The Tasmanian Department of Economic Development provides a number of recruiting resources and information for employers considering taking on new staff. This guide explains the cost of hiring an employee, the type of employee that suits your business, and the rights and responsibilities of employers.
Victoria
Awards - WageNet VIC
In Victoria employers and employees are covered by the federal workplace relations system.
Apprenticeships and Traineeships in Victoria
The Office of Training and Tertiary Education provides guides and resources for employers including the incentives available if you employ an apprentice or trainee.
Legal liability - who is responsible?
The Victorian Equal Opportunity Commission has information on who holds liability in cases of workplace harassment or discrimination.
Information for employers
If you plan to employ staff, you need to know what your obligations are under both federal and state legislation.
Victorian WorkCover Authority
It is compulsory for all employers to insure for
workers' compensation liability. Workers' compensation
is covered by separate state and territory legislation. Phone
1800 136 089 for further information.
Western Australia
Awards - WageNet WA
In Western Australia employers and employees can be covered by either the federal or state industrial relations systems, or they may be award free.
Overview of industrial relations laws
The Department of Consumer and Employment Protection provides an overview of WA's labour relations system.
Dismissing an employee
This is a guide to both State and Federal laws governing
unfair dismissal.
Discrimination
The Equal Opportunity Commission of Western Australia provides a range of frequently asked questions that seek to inform and promote the principles of equal opportunity to individuals, employers, employees, equal opportunity coordinators, representatives of public and private sector agencies as well as community and voluntary groups.
Wages and conditions of employment - other legal obligations
Employers have a range of legal obligations to fulfil in
relation to the employment of staff.
How to employ an apprentice or trainee
The Department of Education and Training provides guidance
on why and how to employ a trainee or apprentice.
WorkCover Western Australia
It is compulsory for all employers to insure for
workers' compensation liability. Workers' compensation
is covered by separate state and territory legislation. Phone
08 9388 5555 for more information.
