Employer of Record in Australia

Guide to Hiring Employees in Australia

Your guide to hiring employees in Australia, covering the employment landscape, employer of record responsibilities, working customs, and local labor laws.

Hiring Employees In Australia
Employer Of Record In Australia

Capital City

Canberra

Currency

Australian Dollars

 (

A$

)

Timezone

GMT +8/9/10

Payroll Frequency

monthly

Tax Year

1 July - 30 June

Employer Tax

16.4% - 18.5%

Languages

English

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How to Hire Employees In Australia

Hiring in Australia for the first time can be overwhelming, especially when navigating unfamiliar employment laws.  Whether you hire independent contractors, set up a legal entity, or use an EOR service, understanding the local employment landscape is crucial for success.  Playroll’s comprehensive guide can help you get started if you're hiring locally or relocating a team member.

Companies can hire employees in Australia in the following three ways:

  • Setting up a local entity. Entity establishment reduces risk exposure and enables direct hiring, but can be costly and time-consuming – making it less practical for companies seeking quick and flexible solutions for hiring in Australia.
  • Partnering with an Employer Of Record. An EOR, like Playroll, is a third-party entity that serves as the legal employer of your international workforce which hires, pays, and manages compliance with Australia’s labor laws and tax regulations.
  • Hiring independent contractors. Hiring contractors gives companies a flexible, affordable alternative to hiring local employees, though it involves unique misclassification risks.

Good To Know

Australia, ranked 14th in global GDP, has sustained economic growth for two decades. Its economy, fueled by a robust international trade presence (42% of GDP), is supported by abundant resources, a secure financial system, and advanced digital infrastructure.

The country prioritises research and development, with investment exceeding GDP by two percentage points. Seven universities in Australia rank among the top 100 globally, contributing to a highly educated workforce that benefits businesses worldwide.

Australia's strategic time zone positioning facilitates collaboration with global teams, especially for remote workers. Emphasis on a healthy work-life balance enhances motivation and productivity.

With a stable political and economic climate, Australia assures businesses of a talented and dependable workforce due to its high standard of living. This makes the country an attractive destination for those seeking skilled professionals.

Employment and Labor Laws in Australia

Businesses can only operate smoothly in Australia if they comply with local labor laws including drafting compliant employment contract agreements and meeting taxation and payroll obligations. Learn more about the employment laws and regulations in Australia below, to avoid any compliance issues.

Employment Contract Requirements

In Australia, there is a distinction between fixed-term and permanent employment contracts under the law. It is considered standard practice to provide written employment contracts to employees to outline basic terms of of employment, such as:

  • Identification of both parties
  • Starting date (and employment duration for temporary contracts)
  • Workplace and working hours
  • Job position and responsibilities
  • Base salary (including compensation and benefits)
  • Holidays and leave entitlements
  • Notice periods
  • Probation period (if applicable)
  • Mention of prevailing industry awards

Onboarding Process

We can help you get a new employee started in Australia quickly, with a minimum onboarding time of just 1-2 working days. The timeline starts once the employee submits all required information onto the Playroll platform and completes any necessary local authority registrations. For non-nationals, the Right to Work assessment (if applicable) may add up to three extra days. Additional time may be needed for follow-ups on this assessment. Please note, payroll cut-off dates can impact the actual start date. Playroll's payroll cut-off date is the 10th of each month unless otherwise specified.

Working Hours in Australia

An employee's weekly work hours are 38 hours maximum, unless the employer requests them to work additional reasonable hours.

Overtime in Australia

Overtime compensation varies depending on the award, agreement, or contract. Nevertheless, certain contracts or agreements may specify instances where employees receive extra time off instead of overtime pay.

Probation Period in Australia

In Australia, the standard probation period is 6 months. However, for companies with less than 15 employees, this period is extended to 12 months. While there is an option to reduce the minimum probation period, doing so means forfeiting the benefits associated with a standard probation period.

Employer of Record in Australia

An Employer of Record (EOR) acts as the legal employer for workers in Australia, taking on key responsibilities to ensure compliance with local labor laws and regulations. The EOR facilitates the hiring process for businesses that want to employ workers without establishing a legal entity in the country.

The employer of record in Australia is responsible for:

  • Employment Compliance: Ensure all employment contracts comply with Australia's labor laws and regulations, including proper classification of employees.
  • Payroll Management: Calculate, process, and distribute employee salaries in accordance with Australia's payroll laws, including deductions for taxes and social security contributions.
  • Tax Filing and Contributions: Handle the registration, filing, and payment of employer taxes and social security contributions to the relevant authorities.
  • Employment Contracts: Draft and maintain compliant employment agreements, detailing salary, benefits, working hours, and termination terms in line with Australia's legal requirements.
  • Benefits Administration: Provide mandatory employee benefits as required by Australia's labor laws, such as health insurance, pension contributions, and statutory leave.
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Payroll Management in Australia

Fiscal Year in Australia

1 July - 30 June is the 12-month accounting period that businesses in Australia use for financial and tax reporting purposes.

Payroll Cycle in Australia

The payroll cycle in Australia is usually monthly, with employees being paid by the 28th to the 30th of the month.

Minimum Wage in Australia

The minimum wage for employees in Australia is typically 23.23 AUD per hour, amounting to ~3,530.96 AUD per month for a typical 38 hour work week.

Bonus Payments in Australia

There are no legal provisions for 13-month salaries in Australia.

Employment Taxes in Australia

Employer Tax Contributions

Employer payroll contributions are generally estimated at an additional 16.4% - 18.5% on top of the employee salary in Australia.

Tax TypeTax Rate
Superannuation Guarantee Charge11.00% (increases to 11.5% as at 1 July 2024)
Workers Cover0.14 - 1.0%
Payroll tax4.95 - 6.85%
N/AN/A

Employee Payroll Tax Contributions

In Australia , the typical estimation for employee payroll contributions cost is around Aside from income tax, employees are not legally required to make any additional contributions.%.

Tax TypeTax Rate
NoneNone

Individual Income Tax Contributions

Australia determines individual income tax through a progressive rate system. Other factors, including household status, the number of children, location, age, and marital status, can influence the overall tax rates.

Income BracketTax Rate
0 - 18,200 AUD0%
18,201 AUD - 45,000 AUD19%
45,001 AUD - 120,000 AUD$5,092 plus 32.50% of every $1 over $45,000
120,001 AUD - 180,000 AUD$29,467 plus 37% of every $1 over $120,000
180,001 AUD - And above$51,667 plus 45% of every $1 over $180,000

Pension in Australia

Australia's pension system consists of various types, including old-age pension, person pension, and public pension. Employers must contribute a minimum percentage of their employees' earnings to superannuation, currently set at 11%, gradually increasing to 12% by 2025. Failure to comply results in a superannuation guarantee charge.

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The tax-related information provided in this guide is intended for general guidance and informational purposes only. Reach out to our dedicated team for insights on remote hiring in Australia tailored to your needs.

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Work Permits & Visas in Australia

In Australia, work permits and visas are essential for employers hiring foreign workers or relocating employees. Employers can sponsor skilled workers through the Temporary Skill Shortage (TSS) Visa (Subclass 482) for temporary positions or the Employer Nomination Scheme (ENS) Visa (Subclass 186) for permanent residency. Other options include the Skilled Independent Visa (Subclass 189) for points-tested skilled workers and the Temporary Work (Short Stay Specialist) Visa (Subclass 400) for short-term specialized tasks.

The process involves employers becoming approved sponsors, nominating roles that align with the skilled occupation lists, and ensuring compliance with visa regulations and sponsorship obligations. Processing times and fees vary by visa type, and employers must stay informed of eligibility criteria, labor market testing requirements, and renewal options to effectively integrate international talent into their workforce.

Annual Leave & Company Policies In Australia

Mandatory Leave Entitlement in Australia

The annual leave entitlement in Australia is 20 days for a full time worker. These can include public holidays on top of that or within those days, which would otherwise be unpaid.

Public Holidays In Australia

The Australian Fair Work Act designates 8 public holidays, but additional holidays may be added or substituted by states or territories. Public holidays that fall on weekends are observed on the corresponding non-weekend day:

HolidayDate
New Year's Day1 January
Additional public holiday for New Year's Day3 January
Australia Day26 January
Good FridayMarch/April, day changes yearly
Easter MondayMarch/April, day changes yearly
Anzac Day25 April
Queens Birthdayvaries on location
Christmas25 December
Boxing Day26 December
Christmas Holidays27-28 December

Paid Time Off in Australia

Full-time workers receive four weeks of annual paid leave, whereas employees on shift schedules are entitled to five weeks.

Maternity Leave In Australia

Pregnant employees are entitled to take 12 months of unpaid maternity leave after completing a year of employment with the same employer. Certain employers offer paid maternity leave, and employees can also apply for the Federal Government scheme, which provides payment for 18 weeks of maternity leave.

Paternity Leave In Australia

Husbands are entitled to two weeks of unpaid paternity leave following the birth or adoption of their child. Similar to Maternity Leave, they have the option to utilise the Federal Government scheme for additional leave days.

Sick Leave In Australia

In Australia, employees receive ten days of paid leave each year, which can be utilised for sickness or to attend to the needs of a family member.

Parental Leave In Australia

Parental leave encompasses both maternity and paternity leave, including adoption leave. To qualify for this leave, an employee must have worked for a minimum of 12 months. The parental leave, lasting 12 months, is unpaid, but there is an option to request an additional 12 months from the employer.

Bereavement Leave

Employees in Australia are entitled to two days of paid bereavement leave.

Employment Termination and Severance Policies in Australia

Termination Process in Australia

In Australia, terminations must be justified, and employers cannot engage in at-will termination outside the probation period. Acceptable grounds for termination include:

  • Voluntary resignation by the employee
  • Mutual agreement
  • Unilateral termination by the employer (based on probation period, objective grounds, disciplinary reasons, or inadequate performance for the job)
  • Contract expiration

Notice Period in Australia

In the absence of an award, agreement, or specific clause in your contract, the Fair Work Act sets out minimum notice periods based on an employee's length of service:

  • Less than 1 year of service: 1 week notice
  • 1-3 years of service: 2 weeks notice
  • 3-5 years of service: 3 weeks notice
  • More than 5 years of service: 4 weeks notice

Severance in Australia

Severance pay depends on the duration of an employees service, and the payment rate corresponds to the regular hours worked:

  • In between 1-2 years: 4 weeks severance pay
  • In between 2-3 years: 6 weeks severance pay
  • In between 3-4 years: 7 weeks severance pay
  • In between 4-5 years: 8 weeks severance pay
  • In between 5-6 years: 10 weeks severance pay
  • In between 6-7 years: 11 weeks severance pay
  • In between 7-8 years: 13 weeks severance pay
  • In between 8-9 years: 14 weeks severance pay
  • In between 9-10 years: 16 weeks severance pay
  • At least 10 years: 12 weeks severance pay

Disclaimer

THIS CONTENT IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL OR TAX ADVICE. You should always consult with and rely on your own legal and/or tax advisor(s). Playroll does not provide legal or tax advice. The information is general and not tailored to a specific company or workforce and does not reflect Playroll’s product delivery in any given jurisdiction. Playroll makes no representations or warranties concerning the accuracy, completeness, or timeliness of this information and shall have no liability arising out of or in connection with it, including any loss caused by use of, or reliance on, the information.

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ABOUT THE AUTHOR

Jesse Weisz

Jesse is an experienced R&D Analyst at Playroll, a leading Employer of Record (EOR) provider. With a strong background in data analysis and market research, Jesse specializes in identifying emerging trends and driving innovation in global HR solutions. She is an all-rounder, critical thinker and success-seeker (often inextricably linked to being a late-night tea drinker).

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FAQS

FAQs About Hiring In Australia

Questions and Answers

What Is an EOR in Australia?

An Employer of Record (EOR) in Australia is a third-party organization that legally employs workers on behalf of your company. The EOR handles all local employment tasks, including compliance with labor laws, payroll, taxes, benefits, and employment contracts. This allows businesses to easily hire talent in Australia without the need to set up a legal entity there, saving time and ensuring compliance with local regulations.

Can I Hire in Australia Without an Employer of Record?

Yes, you can hire in Australia without an Employer of Record, but this typically requires setting up a legal entity in the country. Establishing a local entity involves navigating registration processes, tax systems, and employment regulations. This can be costly and time-consuming, often taking between 4-6 months to enter a new market. An EOR provides an alternative by allowing you to hire talent quickly and compliantly without the need to establish a legal presence in Australia.

How Much Does It Cost To Employ Someone In Australia?

The cost of employing someone in Australia includes more than just their salary. You also need to consider mandatory contributions such as taxes, social security, insurance, and benefits. These additional costs can vary based on the role, location, and specific employment laws in Australia. When using an Employer of Record, there are additional service fees, usually charged as a percentage of the employee's salary or as a monthly or annual fee. This ensures compliance and covers administrative tasks.

What Is the Minimum Wage In Australia?

As of January 1, 2024, Australia's minimum wage rates are:

  • 23.23 AUD p/h AUD per month.
  • Applies nationwide across all sectors.
  • Adjustments typically occur annually.

How Does an EOR Help You Run Payroll In Australia?

An EOR simplifies payroll management in Australia by handling all aspects of salary payments, tax deductions, and compliance with local labor laws for your international employees. The EOR calculates gross pay, deducts necessary taxes and contributions, and ensures employees are paid accurately and on time. They also manage year-end tax reporting and compliance filings, reducing the administrative burden on your team and minimizing the risk of errors or penalties.

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