Legal Entity Setup & Back-Office Services in Australia

Complete Australia Entity Incorporation with Ongoing HR, Payroll, Accounting, Tax, and Compliance Support

Last Updated: July 21, 2025
Company formation and corporate support in Australia by Cerity Global, shown with Sydney skyline.

Country Overview

Australia is a developed high-income country with the world’s 14th-largest economy. The Australian economy is dominated by the services sector, which accounts for the largest portion of GDP, followed by mining (12.2%), health and education (13.4%), finance (7.5%), construction (7.5%), and manufacturing (5.9%). Australia’s GDP reached $1.75 trillion USD in 2024, representing 1.65% of the world economy. The country experienced modest growth of 0.2% in Q1 2025, with steady economic performance supported by strong natural resource exports and a robust domestic market 

Capital City

Canberra

Language

English

Currency

Australian Dollar (AUD)

Business Hubs

Sydney, Melbourne, Brisbane, Perth, Adelaide, Canberra

Expand Your Business in Australia

Unlock growth opportunities in Australia with Cerity Global as your trusted partner. We offer end-to-end support for establishing your legal entity, navigating Australia’s often complex regulatory landscape with clarity and efficiency. 

From company registration to ongoing back-office support, including HR, payroll, benefits, accounting, tax and compliance, Cerity Global simplifies the process so you can focus on growing your business. 

Need to hire quickly before your entity is set up? We offer interim EOR services in Australia, enabling you to onboard talent fast. Once your entity is established, we ensure a smooth transition of your employees from the EOR Structure to your own legal entity, without disrupting payroll or compliance. 

Our experts stay ahead of regulatory changes to keep your operations aligned with Australia’s employment and tax laws, helping you scale confidently and compliantly. 

Legal Entity Setup

Types of legal entity setups for international expansion in Australia

Proprietary Limited Company (Pty Ltd)

The most common form of business entity for foreign investment in Australia. A Pty Ltd company offers limited liability protection and operational flexibility. It can be established by one or more shareholders (maximum 50 non-employee shareholders) with no minimum share capital requirement. The liability of shareholders is limited to their shareholding and any unpaid amounts on their shares. 

Public Company Limited (Ltd)

A corporate entity suitable for larger operations that may seek public investment. Public companies can have unlimited shareholders and may list on the Australian Securities Exchange (ASX). Requires compliance with the Corporations Act 2001 and additional regulatory requirements including continuous disclosure obligations. 

Branch Office

Allows foreign companies to conduct business activities in Australia under the parent company’s name. The branch office is not a separate legal entity but an extension of the foreign parent company. Must be registered with the Australian Securities and Investments Commission (ASIC). 

Representative Office

A limited presence allowing foreign companies to conduct market research, liaison activities, and represent the parent company’s interests. Cannot engage in commercial activities or generate revenue in Australia. Must register with ASIC if conducting certain activities. 

Resident Director Requirements

Proprietary Limited Company (Pty Ltd)

Must have at least one director who is ordinarily resident in Australia. This can be an Australian citizen, permanent resident, or someone who ordinarily resides in Australia. Public companies require at least three directors, with at least two ordinarily resident in Australia. 

Public Company Limited (Ltd)

Must have at least three directors, with at least two directors ordinarily resident in Australia. The company must also have a company secretary, who may also be a director. 

Branch Office

Must appoint an agent who is ordinarily resident in Australia to act on behalf of the foreign company. 

Representative Office

Must appoint a local agent or representative who is ordinarily resident in Australia. 

Bank Account Setup

Australian bank account setup requires specific documentation and follows strict regulatory compliance procedures: 

Bank Account Setup in Australia: What’s Possible and When 

Before Incorporation: 

  • No requirement to open a temporary account for share capital deposit. 
  • Banks may require proof of company registration before opening accounts. 
  • Some banks may open accounts after receipt of company registration documents. 

After Incorporation: 

  • Full business account activation upon receipt of ASIC registration certificate. 
  • Access to all banking services including online banking and payment processing. 
  • Compliance with Australian Prudential Regulation Authority (APRA) requirements. 
  • Integration with Australian payment systems including PayID and Osko. 

Note: 

All banking activities must comply with Australian banking regulations and anti-money laundering requirements. 

Required documents include the ASIC company registration certificate, constitution or replaceable rules, directors’ identification and verification documents, proof of registered office address, and tax file number (TFN) or Australian Business Number (ABN). 

Why choose Cerity Global's Legal Entity Setup Service?

Cerity Global supports companies in their global expansion plans and helps in legal entity setup, registration and ongoing support services. With us, you can quickly set up a legal entity, operate compliantly, and expand globally. The process typically takes a few days to a week, depending on the bank. 

Human Resources

Employment in Australia is primarily governed by the following laws: 

  • Fair Work Act 2009 
  • National Employment Standards (NES) 
  • Modern Awards system 
  • Enterprise agreements 
  • Fair Work Regulations 

Employment contracts should be in written form, though verbal contracts are legally valid for certain circumstances.

Some of the standard details mentioned in the written contract include: 

  • Job details 
  • Remuneration 
  • Benefits 
  • Termination and notice period 
  • Confidentiality agreements 
  • Non-compete clauses 
  • and more 

Types of employment relationships

The different types of employment relationships are: 

Permanent Employment 

Full-time or part-time employment with ongoing employment security. Permanent employees are entitled to all leave benefits, notice periods, and redundancy pay where applicable. 

Casual Employment 

Employment without ongoing commitment to continuing work. Casual employees receive a casual loading (typically 25%) in lieu of leave entitlements and receive higher hourly rates to compensate for the lack of job security. 

Fixed-Term Employment 

Employment for a specific period or until completion of a specific task. Maximum term restrictions may apply under certain awards and agreements. 

In Australia, a probationary period typically ranges from three to six months, with a maximum of 12 months for some specialized roles. 

The regular working hours in Australia are 38 hours a week, though this may vary by industry award. Part-time employees work fewer than 38 hours per week with pro-rata entitlements. 

Overtime  

Any hours beyond the standard working hours are considered overtime. 

  • As of July 1, 2025, the national minimum wage is AUD $24.95 per hour or AUD $948.00 per 38-hour week. 
  • Casual employees receive an additional 25% casual loading, bringing their minimum hourly rate to approximately AUD $31.19. 
  • The overtime payment ranges from 150% to 200% of ordinary hourly rates. 

Notice periods vary based on length of service and employment type: 

  • Less than 1 year: 1 week notice 
  • 1-3 years: 2 weeks’ notice 
  • 3-5 years: 3 weeks’ notice 
  • Over 5 years: 4 weeks’ notice 
  • Additional week for employees over 45 with 2+ years’ service 

Redundancy pay applies for permanent employees with at least 12 months of service, ranging from 4-16 weeks based on years of service. 

Foreign nationals require appropriate work authorization to work in Australia. Australian citizens and permanent residents can work freely without restrictions. 

Work Visa & Permit Options in Australia 

1. Temporary Skill Shortage (TSS) Visa (Subclass 482)  

For skilled workers sponsored by approved Australian employers. 

  • Short-term stream: 2-4 years validity for specific occupations. 
  • Medium-term stream: Up to 4 years with pathway to permanent residency. 
  • Labor market testing: Required unless exemptions apply. 
  • Skills assessment: Required for some occupations. 

2. Skilled Independent Visa (Subclass 189) 

For skilled workers without employer sponsorship. 

  • Points-based system: Minimum 65 points required. 
  • Skills assessment: Mandatory for nominated occupation. 
  • Permanent residency: Immediate pathway to permanent residency. 
  • EOI required: Must submit Expression of Interest. 

3. Employer Nomination Scheme (ENS) Visa (Subclass 186) 

For skilled workers nominated by Australian employers for permanent residency. 

  • Direct entry stream: For workers with relevant skills and experience. 
  • Temporary residence transition: For current TSS visa holders. 
  • Agreement stream: For workers sponsored under specific agreements. 

4. Global Talent Visa (Subclass 858) 

For exceptional talent in priority sectors. 

  • Priority sectors: Tech, agtech, fintech, medtech, cybersecurity, quantum information, advanced manufacturing, circular economy. 
  • No points test: Merit-based assessment. 
  • Permanent residency: Direct pathway to permanent residency. 
  • Fast processing: Priority processing times. 
  1. Skills assessment and English language testing (if required). 
  2. Expression of Interest or direct application. 
  3. Employer sponsorship (where applicable). 
  4. Visa application lodgement with Department of Home Affairs. 
  5. Health examinations and character checks. 
  6. Visa decision and arrival in Australia. 

Key Notes: 

  • Valid passport and supporting documents. 
  • Health insurance coverage. 
  • Police clearance certificates. 
  • English language proficiency (IELTS, PTE, or equivalent). 
  • Skills assessment for nominated occupation (where required). 
  • Employer sponsorship agreement (where applicable). 

Visa options and eligibility criteria are regularly updated by the Department of Home Affairs; ensure you consult the latest requirements before proceeding. 

Leave Entitlements and Employee Benefits

Annual Leave

Permanent employees are entitled to 4 weeks (20 working days) of paid annual leave per year. Some shift workers may be entitled to 5 weeks. Annual leave accrues progressively during the year of service.

Unpaid parental leave applies to employees who have the responsibility for the care of a child, and it also includes employees who will have the responsibility of a child. 

For female employees, leaves can start up to 6 weeks before the expected date of birth (or earlier if agreed), which can be extended to 24 months by agreement.  

 For fathers or employees who are not pregnant can take parental leave at any time within 24 months of the birth, but the leave must end within 24 months of the birth or placement of the child. 

 Each parent can take up to 12 months unpaid parental leave, or up to 24 months according to their agreements. An employee’s entitlement to unpaid parental leave is not affected by how much leave their partner takes. 

Also known as personal or carer’s leave and is typically accrued at a rate of 10 days per year for full-time employees, and pro-rata for part-time employees. 

The following statutory national holidays are observed in Australia: 

  • New Year’s Day 
  • Australia Day 
  • Good Friday 
  • Easter Monday 
  • Anzac Day 
  • Christmas Day 

Additional state and territory public holidays may apply. 

Payroll

Payroll frequency in Australia varies but is typically weekly, fortnightly, or monthly depending on the award, agreement, or employment contract. Most employees are paid fortnightly.

Mandatory Bonus

There is no legal requirement for a 13th month salary or mandatory bonus, though some awards and agreements may include annual leave loading (typically 17.5% above normal wages when taking annual leave).

Benefits

The Australian employment system includes mandatory superannuation (pension) contributions and access to various government benefits.  

The mandatory benefits in Australia include:  

  • Superannuation contributions (11% of ordinary earnings, increasing to 12% by 2025) 
  • Workers’ compensation insurance 
  • Medicare levy and potential private health insurance benefits 
  • Access to Fair Work protections 
  • Additional voluntary benefits may be provided by employers 

Accounting Standards

Australian accounting follows Australian Accounting Standards (AAS) based on International Financial Reporting Standards (IFRS), administered by the Australian Accounting Standards Board (AASB).

Reporting Requirements and Thresholds

All Australian companies must lodge annual returns and financial statements with ASIC. 

  • Filing deadline: Varies based on company size and reporting requirements, typically within 4 months of year-end. 
  • Financial statements must include:
    • Statement of financial position (balance sheet) 
    • Statement of profit or loss and other comprehensive income 
    • Statement of changes in equity 
    • Statement of cash flows 
    • Notes to the financial statements 
    • Directors’ declaration 
  • Electronic filing is mandatory through ASIC Connect. 

Audit Requirements and Thresholds

Audit requirements depend on company size and type: 

  • Large proprietary companies (meeting 2 of 3 criteria):
    • Consolidated revenue ≥ AUD $50 million 
    • Consolidated gross assets ≥ AUD $25 million 
    • ≥ 100 employees 
  • Public companies: Generally required to have audited financial statements.
  • Small proprietary companies: Generally, exempt from audit requirements unless directed by ASIC or members. 

Audits must be performed by registered company auditors and lodged with ASIC. 

  •  

Taxes and Contributions

Corporate Tax

The standard corporate tax rates are:

  • 30% if aggregated turnover is AUD $50 million or more
  • 25% if turnover is below AUD $50 million

GST

The GST rate in Australia is 10% on most goods and services.

Businesses with annual turnover of AUD $75,000 or more must register for GST. Some items are GST-free or input-taxed.

 Filing Dates

Corporate tax returns are due by October 31 following the end of the financial year (June 30) for self-lodging companies, or by May 15 of the following year if lodged by a registered tax agent.

Penalties

Penalties include a monetary fine of AUD $1,050 for individuals and AUD $5,250 for companies, and other penalties may be administered.

Transfer Pricing

Australia has comprehensive transfer pricing rules aligned with OECD guidelines: 

  • Arm’s length principle applies to related party international dealings. 
  • Documentation requirements for taxpayers with international related party dealings. 
  • Transfer pricing methods include CUP, Resale Price Method, Cost Plus Method, Profit Split Method, and Transactional Net Margin Method. 

Country by Country Reporting

Australia implements CbC reporting requirements: 

  • Applicable to: Groups with annual global income of AUD $1 billion or more 
  • Filing deadline: 12 months after the end of the income year 
  • Electronic filing required through the Business Portal 

Master File and Local File Requirements and Thresholds

Transfer pricing documentation is required for Australian entities that are part of multinational groups above certain thresholds. 

Master File 

  • Required if the ultimate parent entity of the group has an annual global income of AUD 1 billion or more 
  • Must include:
    • Organizational structure and ownership 
    • Description of business operations 
    • Controlled transactions, financial and tax position 
    • Applied transfer pricing rulings. 

Local File 

  • Required if the annual global income of the group is AUD 1 billion or more, or if the annual Australian income is AUD 2 million or more. 
  • Must include:
    • Local entity information 
    • Controlled transactions 
    • Financial information 
    • Transfer pricing method and analysis 

Deadline: Documentation must be prepared by the due date for lodging the income tax return and provided to the ATO within 30 days of request. 

Data Protection & AML Compliance

General Data Protection Act

Australia’s privacy framework is governed by the Privacy Act 1988, which includes the Australian Privacy Principles (APPs).

AML (Anti-Money Laundering)

Australia’s AML framework is governed by the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act), administered by AUSTRAC. 

Obligated entities: Banks, credit unions, money transfer services, casinos, bullion dealers, and other designated services. 

Key requirements: 

  • Customer identification and verification procedures 
  • Ongoing customer due diligence (OCDD) 
  • Suspicious matter reporting to AUSTRAC 
  • Record keeping requirements (7 years) 
  • AML/CTF compliance programs 
  • Beneficial ownership identification 

Penalties: Civil penalties up to AUD $22.2 million for corporations; criminal penalties including imprisonment for serious offenses. 

Why Australia?

Reasons you should setup legal entity in Australia: 

  • Stable, developed economy with strong rule of law 
  • Strategic gateway to Asia-Pacific markets 
  • Highly skilled and educated English-speaking workforce 
  • Robust natural resource sector and growing technology industry 
  • Strong financial services and regulatory framework 
  • Favorable time zone for Asia-Pacific business 
  • High quality of life attracting international talent 
  • Comprehensive free trade agreement network 
  • Political and economic stability 
  • Strong intellectual property protections 

Cerity Global ensures your business expansion in Australia is fast, compliant, and future-ready, so you can focus on growth while we manage the back-office tasks. 

Economic figures are subject to change based on quarterly reports and market conditions. 

Cerity Global as your legal entity setup partner in Australia

Cerity Global combines deep local knowledge with proven expertise to make your Australia business establishment effortless and compliant. Whether you’re looking for legal entity setup and registration or ongoing support, we’re your trusted partner for sustainable global expansion in Australia. 

Disclaimer – The information provided is for informational purposes only and does not constitute legal, business, or tax advice. Entity setup requirements, tax rates, and economic data are subject to change and may vary by location. 

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