Fair Work Compliance
Ensure compliance with the Fair Work Act, including minimum wages, working hours, and leave entitlements.
Hiring employees, contractors, and subcontractors in the construction industry comes with legal responsibilities.
This article will outline the legal requirements for residential builders and tradies in Queensland, New South Wales, and Victoria regarding hiring and managing construction personnel.
Queensland (QLD), New South Wales (NSW), Victoria (VIC)
Employees
Workplace Health and Safety (WHS)
Follow WHS regulations to provide a safe working environment. Conduct risk assessments and provide necessary training.
Workers’ Compensation
Obtain workers’ compensation insurance to cover employees in case of work-related injuries or illnesses.
Superannuation
Pay superannuation contributions for eligible employees.
Contractors and Subcontractors
Contracts
Have written contracts outlining the scope of work, payment terms, and other conditions.
ABN
Ensure contractors have an Australian Business Number (ABN).
Insurance
Verify that contractors have their own public liability and professional indemnity insurance.
WHS Compliance
Ensure contractors comply with WHS regulations on your site.
General Requirements Across All States
Tax and Payroll
Register for Pay As You Go (PAYG) withholding and report and pay payroll tax if your payroll exceeds the threshold for your state.
Record Keeping
Maintain accurate records of employment contracts, payment details, superannuation contributions, and workers’ compensation insurance.
Non-Discrimination
Comply with anti-discrimination laws, ensuring fair treatment regardless of race, gender, age, or other protected characteristics.
Induction Training
Provide induction training for new employees and contractors to ensure they understand safety procedures and their responsibilities.
Meeting the legal requirements when hiring employees, contractors, and subcontractors is essential for residential builders and tradies.
By complying with Fair Work, WHS/OHS, workers’ compensation, and other relevant regulations, you can create a safe and legally compliant workplace. Always stay informed about the latest legal updates to ensure your business operates smoothly and effectively.
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