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Employ Australians from overseas

We will help you employ people in Australia as a foreign business, on arrangements that comply from the first payslip.

Employing someone in Australia does not import your own employment law with them. Australian workplace law applies to work performed in Australia. It does not matter where the employer sits, what law the contract chooses, or whether you have an entity here. That surprises most foreign employers, usually at the point when an award, a superannuation obligation or a termination rule turns out to apply. We set the arrangements up so it does not.

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The right structure for the size

How you employ here is chosen against tax presence, payroll obligations and how long you plan to stay.

Award coverage settled first

The applicable award is identified before rates are set, because everything else is built on it.

Contracts drafted for here

Terms meet Australian minimums and still carry the intellectual property and restraint protections you need.

What does employing people in Australia require of a foreign business?

The starting point is that Australian workplace law follows the work, not the employer. Someone performing their job in Australia is covered by the Fair Work Act 2009 (Cth) (the Act), including the National Employment Standards. Any modern award covering the work applies as well. A governing law clause choosing another jurisdiction does not displace that.

Around that sit several other obligations. Superannuation must be paid at the prescribed rate. Pay as you go withholding and payroll tax arise depending on the structure. Work health and safety duties apply. Whether you employ through an Australian entity, from offshore, or through an employer of record changes the tax and corporate position considerably. It can also raise the question of whether the business has a permanent establishment here.

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Does Australian employment law apply if my business is not based here?

Yes, where the work is performed in Australia. The Fair Work Act follows the work rather than the employer, and a governing law clause choosing another jurisdiction does not displace it. That applies whether or not you have an Australian entity.

Do I need an Australian entity to employ people here?

Not necessarily. You can employ directly from offshore or use an employer of record. Each option has different tax, payroll and control consequences, and employing directly can raise the question of whether you have a permanent establishment in Australia. The right answer depends on headcount and how long you intend to be here.

Which award applies to my Australian employees?

It depends on what your business does and what each person actually does. Some awards are industry-based, some are occupation-based, and some employees are award-free. Determine it before you set salaries, because an award sets classifications, overtime, loadings and allowances rather than just a minimum rate.

What are my superannuation obligations?

Superannuation is payable for employees performing work in Australia, at the prescribed rate, on top of salary. It has to be paid to a complying fund by the quarterly deadlines. Missing it does not simply carry interest. An additional charge applies and the amount stops being deductible, so it is one of the more expensive things to get wrong.

Set it up correctly before the first hire, not after the first claim

Tell us where the business sits and who you want to employ here. We will tell you which structure suits and what obligations come with it.

Australian law follows the work, not the employer

You are hiring in Australia and you have adapted the arrangements you use at home. What you do not know is which award might cover the role, or what superannuation you owe. Nor whether the notice and termination terms in your template are enforceable here, or whether employing directly creates a taxable presence.

None of it looks urgent while things are going well. It becomes urgent the first time somebody leaves, or asks a question, or complains.

We will advise on whether to employ through an Australian entity, from offshore, or through an employer of record.
We will confirm which modern award covers each role.
We will draft employment contracts that comply with Australian minimum standards.
We will set out your superannuation, withholding and payroll tax obligations.
We will advise on whether the arrangement creates an Australian tax presence.

You are hiring in Australia for the first time

The business is based somewhere else and you have found the person you want in Australia. Perhaps it is a sales role, or an engineer, or the beginnings of a local team. You have a contract template that works at home and somebody has suggested it needs adjusting. What you do not have is a clear view of what applies here, what it costs, and whether you need an Australian entity.

What's included in your foreign employer advisory service

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Employment structure advice for a foreign employer.
Permanent establishment and tax presence considerations.
Award coverage and classification assessment.
Australian-compliant employment contracts.
Superannuation, withholding and payroll tax obligations.
Registration and onboarding requirements before the first payment.

What foreign employers find out late

The pattern is consistent. A contract drafted for another jurisdiction is used here. It carries at-will language, a notice period below the statutory minimum, and no reference to any award. It works perfectly until the employment ends, and then the terms that mattered turn out not to be the ones in the document.

Underneath that, the structural decisions cost more. Superannuation not paid from the start accrues with interest and a charge on top, and it cannot be quietly corrected. An award that covered the role all along means the salary has been short by the loadings and penalties it never absorbed. And employing directly through the foreign entity, without advice, can create a permanent establishment and an Australian tax presence nobody intended.

How we get the Australian arrangements right

We start with the structure, because the tax and corporate consequences flow from it. A local entity, direct employment from offshore, and an employer of record each carry different implications. They differ on tax presence, payroll obligations and practical control. We tell you which suits the size and the timeframe of what you are doing here.

Then we set the employment arrangements. We check award coverage for each role, because that is the answer everything else is built on. We draft contracts that comply with Australian minimums and still say what you want them to say. That includes intellectual property, confidentiality and restraints that work under Australian law. We set out the superannuation, withholding and payroll tax obligations, and what has to be registered before the first payment. You end up able to hire here without re-examining it each time.

How the Australian arrangements get set up

The structure chosen, the obligations mapped, and the contracts drafted for here.

Choose the structure

We advise on employing through a local entity, directly from offshore, or through an employer of record.

Map the obligations

We confirm award coverage, superannuation, withholding and any registration needed before the first payment.

Draft for Australia

We prepare contracts that meet Australian minimums and carry the protections you actually need.

Australian employment set up for a business that is not based here

The assumption that your existing arrangements can be adapted is entirely reasonable. Most jurisdictions share the same broad concepts, and the differences look procedural until one of them turns out to be mandatory. Award coverage in particular has no real equivalent in most places foreign employers come from, which is why it is the one that catches them.

We advise foreign businesses setting up employment in Australia, and we do the structuring alongside the employment work rather than separately. That matters, because how you employ here is a tax and corporate question as much as an employment one. The three answers have to agree with each other.

Our great lawyer guarantee

Six principles we hold to, whatever you bring us and however long it takes.

Take the time

We listen carefully to understand what you want to achieve, then step you through the advice and the documents.

Share our knowledge

We pass on as much as we can, so you can make your own informed decisions.

Stick to our knitting

We only do what we are good at, so you never pay for our learning.

Work as one team

Someone is always available to answer your question or point you the right way.

Fair pricing

A fixed or capped quote for advice and documents, so you do not carry the price risk.

It is your show

We are in it for a front row seat to witness your success, not for our egos.

Hire here without importing a problem

Tell us where the business is based and who you are looking to employ in Australia. We will tell you which structure suits, what obligations apply, and what the contract has to say.

Speak to a lawyer 1300 654 590