Non-small business employer

Non-small business employers are businesses with a workforce of 15 or more employees. This number isn't just the direct employees but also includes staff in any related companies. However, casual employees are only counted if they have a consistent and systematic work pattern. This classification is important for certain legal and regulatory purposes such as determining eligibility for certain Fair Work provisions.

What changes at 15 employees

Once you have 15 or more employees, counted under section 23 of the Fair Work Act, the small business exemptions no longer apply. Employees can make an unfair dismissal claim after 6 months instead of 12, the Small Business Fair Dismissal Code no longer applies, you must pay redundancy pay under the National Employment Standards, and casual employees must also get the Casual Employment Information Statement after 6 months and every 12 months. For example, a business that hires its 15th employee becomes a non-small business employer from that day.

Read our guide to redundancy pay and see small business employer.