Legal Requirements for Hiring
Legal Requirements for Hiring in Queensland, New South Wales, and Victoria
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.Â
Queensland (QLD), New South Wales (NSW), Victoria (VIC)
Employees
Ensure compliance with the Fair Work Act, including minimum wages, working hours, and leave entitlements.
Follow WHS regulations to provide a safe working environment. Conduct risk assessments and provide necessary training.
Obtain workers’ compensation insurance to cover employees in case of work-related injuries or illnesses.
Calculate superannuation for eligible employees and pay it on payday under the Payday Super requirements effective from 1 July 2026. Most contributions must reach the super fund within seven business days, subject to exceptions.
Contractors and Subcontractors
Have written contracts outlining the scope of work, payment terms, and other conditions.
Ensure contractors have an Australian Business Number (ABN).
Verify that contractors have their own public liability and professional indemnity insurance.
Ensure contractors comply with WHS regulations on your site.
General Requirements Across All States
Register for Pay As You Go (PAYG) withholding and report and pay payroll tax if your payroll exceeds the threshold for your state.
Maintain accurate records of employment contracts, payment details, superannuation contributions, and workers’ compensation insurance.
Comply with anti-discrimination laws, ensuring fair treatment regardless of race, gender, age, or other protected characteristics.
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.Â
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2026 practical update: Check the correct modern award and employee classification, keep accurate employment and payroll records, and confirm right-to-work, licences and safety requirements. Calling someone a contractor or requiring an ABN does not by itself make them a genuine independent contractor.
Need a hand?
Need help with hiring, managing your crew or workplace obligations? Reach out to The HR Impact for practical HR support. Remember to mention that you are a TAG member so they can look after you.