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Hiring Employees in Australia in 2025: What You Need to Know

July 18, 2025 | Michael Warne

Hiring Employees in Australia in 2025: What You Need to Know
  • How to Hire Employees in Australia
  • Understanding Worker Classification in Australia
  • Hiring Costs and Payroll in Australia
  • Compliance Risks When Hiring Employees in Australia
  • Onboarding New Employees in Australia
  • Managing Remote Employees in Australia
  • Complying with Australia Labor Laws
  • Terminating Employees in Australia
  • Why U.S. Companies Can Consider Hiring in Australia
  • Tap into Australia’s Talent Pool to Build Agile, Compliant Global Teams

Key Takeaways

  1. Australia offers a highly skilled, English-speaking workforce with expertise in technology, finance, healthcare, and engineering—making it a prime location for U.S. companies expanding into the Asia-Pacific region.
  2. An Employer of Record (EOR) enables U.S. businesses to hire in Australia quickly and compliantly without setting up a local entity, while incorporating a legal entity provides full control but involves more cost and complexity.
  3. Employers must comply with the Fair Work Act, National Employment Standards (NES), Modern Awards, and tax obligations including superannuation (11%), PAYG tax withholding, and workers’ compensation insurance.
  4. Misclassification of workers (employee vs contractor) can lead to legal penalties, back payments, and superannuation liabilities. Contracts must clearly define work arrangements, responsibilities, and IP protections.

Australia stands out as a premier destination on the global talent map, thanks to its highly educated workforce, robust economic stability, and progressive employment standards. 

With a population representing a diverse mix of cultures and backgrounds, Australia offers a strong pool of professionals across industries such as technology, finance, healthcare, and engineering. Its adherence to internationally recognized labor laws, coupled with its reputation for high-quality education and English proficiency, makes Australia an appealing market for companies seeking top-tier talent. Around 81.2% of permanent skilled migrants over age 15 are employed, significantly higher than the 61.5% Australian population average

The country’s business environment is characterized by transparency, innovation, and a strong legal framework—factors that attract organizations from around the world.

For US companies, hiring in Australia brings a wealth of advantages. Not only does it provide access to a skilled labor pool that is proficient in English and operates within a compatible cultural context, but it also offers the opportunity to expand business operations into the Asia-Pacific region. With time zone overlaps that complement US working hours and a remote-friendly infrastructure, US businesses can efficiently build distributed teams, tap into new markets, and ensure continuous operations. 

What’s more, Australia’s modern hiring models, including Employer of Record (EOR) services, make it easier than ever for US companies to onboard talent without the need for complicated legal setups.

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Tarmack helps you easily hire international talent as your full time employees without opening international subsidiaries. Find out more about our Employer of Record services

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How to Hire Employees in Australia

Assess Your Hiring Needs

  • Full-time vs. project-based support: Consider whether your business requires ongoing, dedicated employees (full-time) or short-term, specialized talent for specific projects. Full-time hires offer long-term stability and integration, while project-based support is ideal for flexibility and cost management.
  • Local compliance requirements: Australia’s employment laws are comprehensive, covering everything from minimum wage to employee entitlements and workplace safety. Any hiring model must ensure strict compliance with the Fair Work Act, National Employment Standards (NES), and relevant Modern Awards.
  • Onboarding speed vs. long-term control: Setting up your own legal entity provides full control over employment practices but can be time-consuming and complex. Alternatively, using an EOR enables faster onboarding and scalability with less administrative burden, although certain aspects of employment management are outsourced.

Hiring Options in Australia

  • Set Up a Legal Entity: This involves registering your company in Australia, enabling direct employment of staff. While this grants full autonomy in HR, payroll, and benefits administration, it requires significant investment in time, capital, and local expertise to ensure compliance with all legal obligations.
  • Partner with an Employer of Record (EOR): An EOR acts as the legal employer on your behalf, managing payroll and benefits, compliance, and HR functions. This model allows you to hire quickly, scale flexibly, and avoid establishing a physical presence in Australia. Leading EOR providers such as Deel, Multiplier, and Papaya Global offer seamless integration and compliance with local laws.

EOR vs. Legal Entity Comparison

AspectEmployer of Record (EOR)Legal Entity 
ProsQuick employee onboardingNo need for local incorporationManaged compliance and payrollReduced administrative overheadFull operational controlDirect employer-employee relationshipLong-term cost efficiency for large teams
ConsLess direct control over certain HR processesRecurring service feesHigh setup and ongoing compliance costsLonger time to hireComplex legal and tax obligations
Cost & ImplementationMonthly per-employee feeMinimal upfront investmentOnboarding in daysIncorporation, legal, and ongoing admin feesHigher upfront costsOnboarding in weeks to months
Compliance, Payroll & BenefitsEOR ensures compliance with Fair Work Act, NES, and taxHandles payroll, superannuation, and statutory benefitsDirect responsibility for compliance and reportingMust manage payroll, superannuation, and benefits in-house
EOR vs. Legal Entity for Hiring Employees in Australia

Understanding Worker Classification in Australia

Employees vs. Contractors 

CriteriaEmployeeContractor 
Control over WorkEmployer controls how, where, and when work is doneContractor controls how work is completed
Tax & SuperannuationEmployer withholds tax, pays superannuationContractor manages own taxes and superannuation
EntitlementsEligible for leave, notice, redundancyNot entitled to paid leave or redundancy
Tools & EquipmentUsually provided by employerUsually provided by contractor
IntegrationPart of the companyOperates independently
Key Differences Between Employees and Contractors in Australia

Legal and Tax Implications

Misclassifying an employee as a contractor can result in significant legal and financial penalties. Employees are covered by the Fair Work Act, NES, and Modern Awards, which mandate minimum wage, leave, and termination protections. 

Contractors are not covered by these standards and are responsible for their own tax obligations, including Goods and Services Tax (GST) where applicable. Businesses must ensure correct classification to avoid back payments, penalties, and potential legal disputes.

Hire and Pay Contractors

When hiring contractors, companies should use clear service agreements outlining deliverables, payment terms, and intellectual property rights. Payments are typically processed via direct deposit, wire transfer, or through platforms specializing in contractor management.

 Always verify the contractor’s Australian Business Number (ABN) and ensure they invoice for services rendered.

Hiring Costs and Payroll in Australia

Hiring Costs Overview

Hiring in Australia involves several direct and indirect costs. Direct costs include salaries, statutory superannuation contributions (currently 11% of ordinary time earnings), payroll tax (varies by state), and workers’ compensation insurance. 

Indirect costs may include recruitment agency fees (typically 15-20% of annual salary), job advertising, and background checks. Employers must also budget for paid leave entitlements, such as annual, sick, and parental leave, as required under the NES and relevant Awards.

Payroll Setup Steps

  • Register for an Australian Business Number (ABN) and Tax File Number (TFN) if setting up a local entity.
  • Register with the Australian Taxation Office (ATO) for Pay As You Go (PAYG) withholding.
  • Set up compulsory superannuation payments with a compliant fund.
  • Choose a payroll system or provider that accounts for tax, superannuation, and leave entitlements.
  • Ensure compliance with Single Touch Payroll (STP) reporting to the ATO.

Income Tax Rates

Australia operates a progressive individual income tax system. For the 2024–2025 tax year:

  • Up to AUD 18,200: 0% (tax-free threshold)
  • AUD 18,201 – 45,000: 19%
  • AUD 45,001 – 120,000: 32.5%
  • AUD 120,001 – 180,000: 37%
  • Over AUD 180,000: 45%

Employers are required to withhold tax from employee wages and remit to the ATO under PAYG.

Payment Methods (direct deposit, transfers, EOR payroll)

Most Australian employees are paid via direct deposit to an Australian bank account, typically on a biweekly or monthly schedule. 

International employers may use wire transfers or global payroll providers. EOR services consolidate payroll, tax withholding, and statutory benefit payments, ensuring compliance and timely remuneration.

Using Global Payroll Services

Global payroll providers and EOR platforms like Deel, Multiplier, and Papaya Global streamline payroll processing, tax compliance, and statutory contributions. 

These platforms offer integrated solutions for paying employees and contractors, managing benefits, and ensuring compliance with local laws. They also provide reporting and analytics, making it easier for US companies to manage distributed teams in Australia.

Compliance Risks When Hiring Employees in Australia

Incorrect Payroll Contributions

Failure to correctly calculate and remit PAYG tax, superannuation, and payroll tax can result in substantial fines and interest penalties. Employers must stay up to date with legislative changes and ensure all contributions are paid on time.

Permanent Establishment Risk

Hiring employees directly in Australia without a legal entity or proper EOR partnership may create a “permanent establishment” for tax purposes. This can subject the US company to Australian corporate tax obligations, increased scrutiny, and penalties for non-compliance.

Statutory Benefits

Australia mandates a range of statutory benefits, including paid annual leave (minimum 4 weeks), sick/carer’s leave, parental leave, and superannuation. Non-compliance with these standards can lead to back-payment orders, legal claims, and reputational damage.

Misclassification Risks

Incorrectly classifying a worker as a contractor when they function as an employee exposes the company to liabilities such as back pay, superannuation arrears, tax penalties, and compliance investigations. Ensure roles are regularly reviewed and contracts are clearly defined.

Provincial/Regional Law Variances (if applicable)

While the Fair Work Act and NES apply nationally, certain entitlements, such as payroll tax thresholds and workers’ compensation requirements, vary by state or territory. Employers must familiarize themselves with the specific obligations in each jurisdiction where staff are based.

Onboarding New Employees in Australia

Before Their First Day

  • Verify right to work in Australia (citizenship, permanent residency, or valid work visa)
  • Collect Tax File Number (TFN) declaration and superannuation fund details
  • Provide employee with Fair Work Information Statement
  • Send offer letter and employment contract outlining role, pay, entitlements, and policies

On Day 1

  • Introduce new hire to team and assign a buddy or mentor
  • Provide access to tools, systems, and security credentials
  • Conduct health and safety induction
  • Review key company policies and workplace expectations

During Their First 90 Days

  • Set clear performance goals and review checkpoints
  • Offer training and support for role-specific systems or processes
  • Solicit feedback on onboarding experience
  • Confirm completion of all required documentation and compliance training

Offer Letter Essentials

  • Job title and description
  • Start date
  • Remuneration and benefits
  • Working hours and location (onsite/remote)
  • Reporting line
  • Leave entitlements
  • Termination and notice provisions
  • Reference to any relevant Award or Agreement

NDAs and Confidentiality

Australian employment contracts typically include confidentiality clauses and, where appropriate, non-disclosure agreements (NDAs) to protect company information, intellectual property, and trade secrets. These clauses specify the obligations of the employee during and after employment.

Running Background Checks

Background checks are common and may include verification of employment history, criminal record checks, and reference checks. Ensure compliance with privacy laws and obtain written consent before conducting any background screening.

Managing Remote Employees in Australia

Computer and App Access

Provide remote employees with secure access to company systems, software, and communication tools. Establish protocols for IT support, data security, and regular updates. Use VPNs, multi-factor authentication, and endpoint security solutions to safeguard sensitive information.

Intellectual Property Protections

Australian law recognizes various forms of intellectual property (IP), including copyright, patents, trademarks, and trade secrets. Employment contracts should:

  • Clearly state that any work product or inventions created in the course of employment belong to the company
  • Detail obligations regarding confidentiality and use of company IP
  • Address ownership of IP developed outside of working hours or with company resources

Types of IP rights

  • Copyright: Protects original literary, artistic, and software works
  • Patents: Protect inventions and novel processes
  • Trademarks: Protect brand names and logos
  • Trade secrets: Protect confidential know-how and business information

Complying with Australia Labor Laws

Working Conditions by Employment Type

The Fair Work Act and NES set the standard for working conditions, including maximum weekly hours (38 plus reasonable additional hours), rest breaks, overtime, and workplace health and safety. Modern Awards may prescribe additional conditions for specific industries or roles.

No At-Will Employment (if applicable)

Australia does not recognize at-will employment. Termination must comply with statutory provisions regarding notice, redundancy, and unfair dismissal. Employees are protected from arbitrary or unjust termination, and proper process must be followed.

Trade Unions and Collective Bargaining

Trade unions play an active role in representing employee interests and negotiating collective agreements. Collective bargaining can influence pay rates, working conditions, and dispute resolution processes. Employers should be aware of union presence in their industry and engage in good faith when negotiating with employee representatives.

Terminating Employees in Australia

Acceptable Termination Reasons

Termination of employment must be based on:

  • Genuine redundancy (where the role is no longer required)
  • Poor performance or misconduct (with documented evidence and process)
  • Mutual agreement
  • Unfair dismissal claims can arise if termination is not procedurally fair or justified.

Notice Periods and Legal Protections

The Fair Work Act prescribes minimum notice periods based on employee tenure:

  • Less than 1 year: 1 week
  • 1–3 years: 2 weeks
  • 3–5 years: 3 weeks
  • 5+ years: 4 weeks

Employees over 45 years old with at least 2 years of service receive an additional week. Employees may also be entitled to redundancy pay. Employers must provide written notice and final payments, including accrued leave entitlements.

Why U.S. Companies Can Consider Hiring in Australia

Access to Skilled Talent

  • Australia boasts a highly skilled workforce, with in-demand roles in technology (software engineering, data analysis), finance, healthcare, and creative industries. Australian employment rose by 47,500 people
  • Education standards are high, and the majority of professionals are fluent in English.
  • Strong university system and ongoing professional development ensure a pipeline of qualified talent.

Cost Efficiency

  • RiteshSalaries are generally lower than Silicon Valley or New York benchmarks, especially for remote and regional hires.
  • Leveraging EOR or remote-first models reduces overhead, since there is no need for physical offices or local legal infrastructure.

Time Zone Overlap

  • Australia’s time zones (AEST/AEDT) offer beneficial overlap with both the U.S. West Coast and Asia, supporting 24/7 operations.
  • Ideal for distributed engineering, customer support, and project management teams seeking round-the-clock coverage.

Growing Remote-Friendly Infrastructure

  • High internet penetration and fast broadband support remote work across the country.
  • Major cities feature modern coworking spaces and strong startup ecosystems.
  • Australian workplaces are increasingly equipped for hybrid and fully remote models, ensuring seamless integration with global teams.

Now you can easily hire & employ international remote talent in full time jobs without opening international subsidiaries. Find out more about Tarmack's Employer of Record services.

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Tap into Australia’s Talent Pool to Build Agile, Compliant Global Teams

Hiring employees in Australia presents an attractive proposition for US companies seeking to access a skilled, English-speaking talent pool in a stable and innovative business environment. 

By understanding local compliance requirements, leveraging flexible hiring models such as EOR, and adopting best practices in onboarding and remote management, organizations can build resilient distributed teams while minimizing risk. 

With the right approach and partners, US companies can unlock the full potential of Australia’s workforce, driving growth and operational excellence on a global scale.

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