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Setting Up a Company | Working Conditions | Cost of Labor | Social Partners

Setting Up a Company

Legal Business Entities

Types of Companies and Capital (Max/Min) Number of Partners/Shareholders and Liability
Sole trader
 
No minimum capital.
1 person
 
The liability of the sole trader is unlimited.
Private or Proprietary Company
 
No minimum capital.
One or more
 
The partners' liability is limited to the amount of capital contributed.
Public Company
 
No minimum capital.
One or more
 
The partners' liability is limited to the amount of capital contributed.
Partnership
 
No minimum capital.
Two or more
 
Their liability is joint and unlimited.
Limited Partnership
 
No minimum capital.
At least one general partner and one limited partner
 
Unlimited for general partner, limited to capital for limited partner
 
The Competent Organization
Australian Security and Investment Commission (ASIC)
Search a Company or a Financial Report
ASIC, Australian Securities and Investments Commission
 
Setting Up a Company Australia OECD
Procedures (number) 2.0 5.6
Time (days) 2.0 13.8

Source: Doing Business.

 
Business Setup Procedures
Consult Doing Business Website, to know about procedures to start a Business in Australia.
Australia Business Register

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Working Conditions

Legal Weekly Duration
38 hours
Retirement Age
There is no legal retirement age. Retirement is negotiated with the employer.
However, employees are authorized to request a pension as follows:
- Men: from 65
- Women: between 60 and 65 according to date of birth
Working Contracts
There are two main types of work contract:
- the most widespread is the Ongoing contract or permanent contract. It is an individual contract.
- the Fixed Term Employment contract of a similar type but fixed-term.

Note also the collective agreements (certified/Enterprise Agreements) a result of negotiations between employers and employee unions, and the Australian Workplace Agreements (AWA), the fruit of individual negotiations between employer and employees; these will be terminated by the new Labor government (no more AWAs since 28 March 2008).

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Cost of Labor

Minimum Wage
The legal minimum wage or Federal Minimum Wage (FMV) is 13.74 AUD per hour.
Average Wage
The annual average full-time wage (not including overtime): AUD 61,038 for men and AUD 51,054 for women.
Social contributions
Social Security Contributions Paid By Employers: The State deducts Payroll Tax, which varies between 3.65% and 6.85% of the company's global payroll (although small companies are generally exempted according to the State/Territory of Australia).
Social Security Contributions Paid By Employees: 0%

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Social Partners

Social Dialogue and Involvement of Social Partners
There are about 132 unions in Australia organized by trade association.
Because of the increase in the proportion of the workforce which is not unionized, the credibility of the unions has diminished over the last few years, but powerful relations continue to exist between unions and the Labor Party.
Legal provisions govern work contracts. They were reformed and then enforced from 27 March 2006. However, the new Labor government in power since December 2007 wants to query this legislation.
The new system provides a unique ensemble of simple rules which can be applied nationally. The Workplace Relations Act which includes the new rules of WorkChoices is available for downloading.
The first role of the Office of the Employment Advocate (OEA) is to supervise the enforcement of agreements in the work context. The OEA also provides:
- advice and information for employers and employees who wish to draw up a contract together
- assistance for employers and employees to understand the Australian Fair Pay and Conditions Standard
- it verifies the legitimacy of agreements between employers and employees before they come into force
- it explains the content of agreements to people with specific needs (for example: young people, people from a non-English speaking background).
Unions
Australian Council of Trade Unions (ACTU)
Unionization Rate
In Australia it is not compulsory to join a union. Unions are represented by the Australian Council of Trade Unions (ACTU); these represent more than 2 million Australian workers, i.e. 22% of the active population.
Labor Regulation Bodies
Department of Employment

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Last Updates: January 2012