Employer of Record Guide · Australia

🇦🇺 EOR Guide —
Australia

Everything you need to know about using an Employer of Record in Australia — provider fees, compliance risks, hire speed, and EOR vs direct employment.

Low compliance riskMature EOR marketHire speed: Fast
Australia Overview

Superannuation rate

11% of ordinary time earnings

National minimum wage

A$24.10/hr (2024–25)

Minimum annual leave

4 weeks (20 days)

Personal/sick leave

10 days per year

Notice period

1–4 weeks (service-based)

EOR providers active

Deel, Remote, Rippling, Oyster, Velocity Global

Our Recommendation

EOR ideal for initial Australian hires

Australia has a mature EOR market with strong provider competition. The mandatory 11% superannuation contribution and the Modern Award system are the key compliance areas. EOR providers handle both well. Consider a Pty Ltd once you have 10+ permanent employees.

EOR provider fee range for Australia

915%on top of total employer cost

Rates vary by provider, headcount, and benefits scope. Always request itemised quotes from at least three providers.

EOR vs Direct Employment

EOR advantages in Australia

  • No Pty Ltd required
  • Provider handles superannuation (11%)
  • Fair Work Act compliance managed by provider
  • Fast onboarding

EOR limitations in Australia

  • 9–15% markup
  • Modern Award classification must still be determined
  • Provider controls employment contract template

Direct employment advantages

  • Full entity control
  • No markup at scale
  • Direct compliance with Fair Work Act

Direct employment limitations

  • Pty Ltd setup required
  • Superannuation administration
  • Modern Award system adds complexity

Local Entity Options

Setting up a legal entity in Australia.

If you outgrow EOR or prefer direct employment, these are the main legal structures available in Australia for foreign companies.

Proprietary Limited Company (Pty Ltd)

Setup time

1–5d

Est. cost

$1,500

Min. capital

None

Corp. tax

30%

Div. WHT

30%

VAT rate

10%

Registered address required100% foreign ownership permitted

Annual obligations

  • Annual financial report (ASIC)
  • Tax return (ATO)
  • PAYG withholding
  • BAS (GST quarterly/monthly)
  • Superannuation guarantee reporting

Overview

Most common structure for foreign companies entering Australia. No minimum share capital. At least 1 director must ordinarily reside in Australia. Registered office in Australia required. ASIC annual review fee AUD 310. Small companies (revenue <AUD 50M) qualify for 25% small business tax rate. GST registration mandatory if turnover exceeds AUD 75,000.

Official company registry

Branch of Foreign Company (ARBN)

Setup time

5–15d

Est. cost

$2,500

Min. capital

None

Corp. tax

30%

Div. WHT

30%

VAT rate

10%

Local director requiredRegistered address required

Annual obligations

  • ASIC annual return
  • Audited financial statements (parent and branch)
  • Tax return (ATO)
  • BAS (GST)

Overview

Foreign companies can register a branch in Australia (Australian Registered Body Number — ARBN). Must appoint a local agent. Must lodge parent company financial statements with ASIC. Branch profits subject to Australian corporate tax. Branch remittances to parent subject to dividend withholding tax. More complex ongoing compliance than Pty Ltd.

Official company registry

Compliance Risks

Key EOR compliance risks in Australia.

Discuss each of these with your chosen provider before signing.

Superannuation guarantee

High

Employers must contribute 11% of ordinary time earnings to a complying super fund. Missed or late contributions trigger the Superannuation Guarantee Charge with penalties.

Modern Award coverage

High

Most employees in Australia are covered by a Modern Award that sets minimum pay rates, penalty rates, and allowances above the National Minimum Wage.

Fair Work Act compliance

Medium

The Fair Work Act sets the National Employment Standards — 10 minimum entitlements including annual leave (4 weeks), sick leave (10 days), and parental leave.

Payroll tax (state-level)

Medium

Each Australian state levies payroll tax once your total payroll exceeds a state-specific threshold. Rates range from 4.75% to 6.85%.

Cost Estimator

Estimate your Australia EOR cost.

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