Recruiting in Australia does not always require setting up a company there. It does require knowing under which regime a foreign employer is allowed to file returns and pay contributions, and on what conditions.
Three routes generally exist: registration of the foreign employer with the local bodies, the use of an employer of record established on the spot, or the creation of a structure. The first is the least costly but presupposes a local correspondent able to file the returns in the language and to the calendar of the country; the second moves the employment relationship to a third party, which is not neutral in law. The choice is made in the light of the number of employees, the duration envisaged and what local law actually permits.
Identifying the applicable modern award is the first task to complete. That sector instrument governs the employment relationship and fixes classifications, loadings and minimum conditions. A written contract is not required by statute, but the employer must give the employee the statutory information statement on their rights.
An Australian Business Number is obtained beforehand, together with goods and services tax registration above a given turnover. Foreign companies may incorporate locally, register as a foreign company carrying on business in Australia, or work through an employer of record.
Registration for pay as you go withholding is completed with the tax office. The employer also takes out workers' compensation insurance with the scheme of the state where its employees work, since each state runs its own arrangements, and assesses its exposure to state payroll tax, which likewise follows rules specific to each jurisdiction.
Each pay event produces a report transmitted directly to the tax office, together with periodic payment of compulsory superannuation to the funds nominated by employees. Termination rules complete the picture: notice, redundancy entitlements and the unfair dismissal jurisdiction all turn on length of service and on business size, and they belong in the analysis before any offer is issued.
In Australia, running payroll on behalf of third parties is a regulated activity. It is carried on under the title of Registered BAS agent (ou registered tax agent), and a registration in force must be produced to you before any engagement.
Professional body or supervisory authority : Tax Practitioners Board (TPB), autorité fédérale de régulation ; associations volontaires : Institute of Certified Bookkeepers, CPA Australia, Chartered Accountants ANZ
| Local wording | Issuing body | Validity | Source |
|---|---|---|---|
| ASIC Current Company Extract (and Certificate of Registration, ACN)ASIC current company extract / certificate of registration Le « current company extract » est la pièce à demander : il donne la dénomination, l'ACN, le statut (Registered), les administrateurs et l'adresse enregistrée. Le certificate of registration d'origine, lui, ne prouve pas que la société est toujours active. | Australian Securities and Investments Commission (ASIC) | 3 months Required | Official website |
| Australian Business Number (ABN) registration and GST registration, verified on ABN LookupAustralian Business Number and GST registration ABN Lookup est public et gratuit : il affiche le statut actif ou annulé de l'ABN, l'ACN associé, le type d'entité et la date d'enregistrement à la GST. Une capture datée de cette page vaut preuve. | Australian Business Register (ABR) / Australian Taxation Office (ATO) | 3 months Required | Official website |
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