[Business name]: first employee checklist
State: New South Wales. Planned start date: [start date].
Before you make an offer
- ☐ Check the person will be an employee, not a contractor: the Fair Work Act looks at the whole relationship in practice (s 15AA).
- ☐ Find the award (or enterprise agreement) that covers the job and the right classification. It sets minimum pay, penalty rates, allowances, hours and breaks.
- ☐ Decide the employment type (full-time, part-time, casual or fixed term) and the hours, and write the contract to the award or agreement.
Registrations
- ☐ Register for PAYG withholding with the ATO before the first pay you must withhold from, even if the amount withheld is nil.
- ☐ Set up payroll software that reports through Single Touch Payroll, and report each pay on or before payday.
- ☐ Workers compensation in New South Wales: You need a policy unless you pay $7,500 or less in wages a year, don’t employ an apprentice or trainee, and aren’t part of a group of businesses. Policies come from icare (the NSW scheme insurer).
- ☐ Payroll tax: you register only once your total Australian wages pass your state’s threshold. One employee rarely does, but check with the payroll tax calculator if you have grouped businesses.
Super
- ☐ Pay super guarantee at 12% of ordinary time earnings, however little you pay.
- ☐ Under Payday Super, super for each payday must reach the fund within 7 business days (20 business days for a new employee’s first contribution).
- ☐ Give a super standard choice form within 28 days of the start date, and request their stapled fund if they don’t choose.
- ☐ Choose a default fund for employees who don’t nominate one and have no stapled fund.
On the first day
- ☐ Give the Fair Work Information Statement (and the casual or fixed-term statement if it applies).
- ☐ Have them complete a tax file number declaration and collect their bank and super details.
- ☐ Run a safety induction. Your duties come from the Work Health and Safety Act 2011 (NSW): consult the worker, provide training and supervision, first aid and a safe workplace.
Every pay and every year
- ☐ Give a pay slip within 1 working day of each pay day.
- ☐ Keep time and wages records for 7 years (s 535 of the Fair Work Act).
- ☐ Apply the Annual Wage Review increase from the first full pay period on or after 1 July each year.
- ☐ Check portable long service leave if your industry has a scheme (for example building and construction in most states).