Recruiting staff in Australia: a plain guide for employers

Recruiting an employee in Australia touches several sets of rules at once: workplace law administered by the Fair Work Ombudsman and the Fair Work Commission, federal and state anti-discrimination law, labour hire licensing in some states and territories, visa work rights, criminal history and working with children screening, and privacy law. This page walks through the stages of a typical hire in order and links each one to the official Australian source that sets out the rule.

This is a free, non-commercial reference page. It is general information only, not legal or workplace relations advice, and it does not say what applies to any particular business or role. It sells nothing, takes no referral fees and does not list or recommend any recruitment agency, labour hire provider, screening company, lawyer or software. For advice about your own obligations, contact the Fair Work Ombudsman or the relevant government body linked below. This page is not affiliated with any government body listed. Rules, thresholds and contact details change, so check current details on the official websites.

The guide

Twelve stages of a typical hire, from deciding what the role is to the end of the minimum employment period, with what the official sources say at each step.

Define the role and check award and NES coverage

Before advertising, work out what the job is and which minimum terms apply to it. The Fair Work Ombudsman describes a modern award as "a document which sets out the minimum terms and conditions of employment", organised by industry or occupation, and says you can find out which award applies using its Find my award tool. It notes that "managers or higher income employees may not be covered by a modern award", and that for employees with no award or registered agreement, "the National Minimum Wage and the NES will form the minimum terms and conditions of employment." The National Employment Standards (NES) are 13 minimum entitlements, including weekly hour limits, leave, public holidays, notice and redundancy pay, superannuation and the information statements. The Fair Work Ombudsman says awards, enterprise agreements and employment contracts "cannot exclude or provide for an entitlement less than the NES."

Pay rules for job ads, and pay secrecy

The Fair Work Ombudsman says some job ads are prohibited: those that "advertise pay rates less than an employee's minimum entitlements" under the Fair Work Act, an award, an enterprise agreement or, where none applies, the National Minimum Wage. For pieceworker roles, the ad must state the periodic pay rate that applies or say that a periodic rate will apply. In a media release of 27 August 2026, the Ombudsman repeated that "advertised pay rates must meet the minimum rates required by an industrial instrument." Separately, employees and future employees have a workplace right to share, or not share, information about their pay and related conditions, and the Ombudsman says pay secrecy terms in a workplace instrument "have no effect and can't be enforced from 7 December 2022." Leave pay secrecy clauses out of ads, offers and contracts.

Write an ad that does not discriminate

The Australian Human Rights Commission (AHRC) says "discriminatory advertising is against the law" and that "a good advertisement will focus exclusively on the skills and abilities needed to perform the job." It adds: "You may only mention personal characteristics – such as age, sex or race – if they are part of the genuine requirements of the job." The AHRC's guidelines on recruitment advertisements under the Sex Discrimination Act advise using gender-neutral job titles, avoiding upper age limits (which it says may also amount to age discrimination) and avoiding wording that favours a marital status. The AHRC notes that "it is not enough to simply comply with state or territory anti-discrimination laws": federal and state laws both apply.

Using a recruitment agency or labour hire provider

Using an agency does not hand your legal obligations to someone else. The AHRC says if you use a recruitment agent "you must make sure the agent is aware of their legal obligations", and that "recruitment agents must not follow through with discriminatory requests from an employer." Several jurisdictions license labour hire providers. In Queensland, "users of labour hire must only engage licensed providers." In Victoria, the Labour Hire Authority says "hosts must only use licensed providers." In South Australia, SafeWork SA reports that from 29 January 2026 all labour hire providers must be licensed, administered by Consumer and Business Services, and that businesses using labour hire "must ensure the provider is licensed in South Australia." In the ACT, WorkSafe ACT administers labour hire licensing and keeps a public register. Each scheme has a register you can search before you sign. Ask any agency for its fees, guarantee terms and contract in writing before you engage it.

Shortlisting, interviews and trial shifts

The AHRC advises evaluating applicants against the selection criteria, "matching skills, ability and experience with the job requirements", and says: "Do not allow personal bias, myths or stereotypes to influence your decision." For interviews, it recommends questions that "focus on the skills and abilities they will need to do the job" and to "ask all candidates the same set of common questions." On trial shifts, the Fair Work Ombudsman says an unpaid trial is likely to be unlawful if it isn't necessary to demonstrate the skills required, "involves more than only a demonstration of the person's skills", or the person is not under direct supervision. Time beyond what is reasonably needed must be paid at the appropriate minimum rate, and the Ombudsman suggests employing the person casually or on probation if you want to assess them further.

Right-to-work checks with VEVO

The Department of Home Affairs says "it is a criminal offence to employ, refer, coerce or contract a non-citizen who does not have the right to work in Australia", and that employers face penalties for allowing illegal work, including by workers sourced through recruitment or labour hire companies. Visa Entitlement Verification Online (VEVO) "allows visa holders, employers, education providers and other organisations to check visa details and conditions", including which visa a person holds, its expiry and its conditions. Organisations register for an ImmiAccount and can then check details for "visa holders who have given you permission." Keep a dated record of each check.

Police checks and criminal records

The Australian Criminal Intelligence Commission (ACIC) works with Australian police agencies to deliver the National Police Checking Service, through which people apply for a "Nationally Coordinated Criminal History Check", previously known as a police check. Checks can be lodged by individuals, through ACIC-accredited bodies, or through police agencies. The Australian Federal Police says "you must use the AFP if your request is for Commonwealth or ACT reasons." Ask for a check only where the role justifies it. The AHRC receives complaints from people with a criminal record and its guidance is that an employer should only refuse to employ someone on that basis if the record means they cannot perform the inherent requirements of the job; it suggests having "clear procedures for making decisions about applicants with a criminal record."

Working with children checks, state by state

Working with children checks are state and territory schemes. The National Office for Child Safety says "a single screening unit has been set up in each state and territory to conduct working with children checks", and those units "are the only organisations allowed, under legislation" to conduct them. A police check is not a substitute. Employer duties differ by jurisdiction. In NSW, organisations must verify check numbers online and keep records for each worker. In Victoria, "you must check the status of your worker's Working with Children Check before they start working." In Queensland, organisations must link a blue card holder "before they start child-related work" and keep an employee register. In South Australia, you "must not employ a new person, or continue to employ a person, in a prescribed position" unless their check is verified. Tasmania requires employers to register online for Working with Vulnerable People checks; the ACT runs a Working with Vulnerable People (WWVP) registration; Western Australia runs a Working with Children Check through the Department of Communities; and in the Northern Territory employers are "responsible for making sure your relevant employees or volunteers in the NT have a valid WWCC."

Privacy in recruitment

The Office of the Australian Information Commissioner (OAIC) says the private sector employee records exemption covers handling of employee records in relation to current and former employment relationships, but "does not cover future employment relationships": information collected about prospective employees is not covered by the exemption, and neither are contractors. The OAIC says an unsuccessful applicant can generally ask for access to information held about them, which can include a referee's report. The Privacy Act does not cover most businesses with an annual turnover of $3 million or less, but the OAIC lists exceptions, including health service providers and businesses that trade in personal information. Collect only what you need, tell applicants how it will be used, store it securely and decide how long you will keep unsuccessful applications.

Offers, contracts and information statements

The Fair Work Ombudsman says "an employment contract can be in writing or verbal", and that it "can't remove or provide for less than" the minimum entitlements in the NES, an award or an enterprise agreement. A written offer and contract make the agreed terms clear to both sides. Every new employee must be given the Fair Work Information Statement "before, or as soon as possible after, they start their new job." New casual employees must also receive the Casual Employment Information Statement, and employees on a new fixed-term contract must also receive the Fixed Term Contract Information Statement. The Casual Employment Information Statement must be given again to existing casuals: at 12 months for small business employers, and at 6 and 12 months and then every year for other employers.

Probation, the minimum employment period and unfair dismissal

Probation and the minimum employment period are different things. The Fair Work Ombudsman says an employer usually decides the length of a probation period, which "often ranges from 3 to 6 months", that employees on probation "continue to receive the same entitlements" as other employees, and that an employee who does not pass probation is still entitled to notice. Separately, the Fair Work Commission says an employee must complete a minimum employment period before making an unfair dismissal claim: 1 year where the employer has fewer than 15 employees (a small business employer, counting individuals, not full-time equivalents), and 6 months otherwise. Claims must be lodged within 21 days of the dismissal taking effect. The Commission says the Small Business Fair Dismissal Code "helps you to follow a fair dismissal process", and a dismissal is treated as fair where a small business follows the Code and can show evidence of it.

Recruitment scams targeting jobseekers

The ACCC's Scamwatch warns that job scams often arrive through "encrypted message services or social media", promise easy work with high pay, and ask the jobseeker to "pay money upfront to complete tasks." Its advice to jobseekers is "Never send money, you won't get it back", to confirm a job is real through an independent search rather than links in messages, and to check website addresses carefully because scammers use altered versions of real ones. Scamwatch tells jobseekers to contact well-known businesses through the details on their official website, so publish vacancies on channels you control, never ask candidates to pay to apply or to start work, and tell applicants how you will contact them. Scamwatch asks people to report scams to it, to contact their bank immediately if they have lost money, and to contact IDCARE on 1800 595 160 if they have shared personal details.

Directory

Government regulators and official services for each stage of recruiting, instead of a list of agencies. Each link goes to the body's own official page.

What is listed. Only Australian, state and territory government bodies and statutory regulators are included. No recruitment agencies, labour hire providers, screening companies, job boards, lawyers or software products are listed. The list is not complete and is in no particular order within each group.

Not an endorsement. Listing is not a recommendation, and this page is not affiliated with any body below. Rules, thresholds and contact details change, so check the official page before you rely on it.

Inclusion in this directory is not an endorsement. Links are to official websites as published at the time of checking.

Questions to ask before you hire

Plain questions worth working through before you advertise, engage an agency, make an offer or start someone.

Which award or agreement covers this role, if any?

The award, an enterprise agreement or, where neither applies, the National Minimum Wage sets the floor for pay and conditions. The Fair Work Ombudsman's Find my award tool is the starting point.

Does the ad state a lawful pay rate and avoid pay secrecy?

The Fair Work Ombudsman says ads must not advertise pay below minimum entitlements, and pay secrecy terms can't be enforced.

Does the ad describe skills and abilities only?

The AHRC says personal characteristics such as age, sex or race should only be mentioned if they are a genuine requirement of the job.

If I use labour hire, is the provider licensed?

In Queensland, Victoria and South Australia, businesses must only use licensed providers. Search the state's public register before you sign, and in the ACT check WorkSafe ACT's register.

Am I asking every candidate the same job-related questions?

The AHRC recommends a common set of questions focused on the skills needed for the job.

Is any trial shift paid, short and supervised?

The Fair Work Ombudsman says unpaid trials beyond a short, supervised demonstration of skills are likely to be unlawful.

Have I confirmed work rights before the person starts?

Home Affairs says employing a non-citizen without work rights is a criminal offence. VEVO lets registered organisations check visa conditions with the holder's permission.

Does this role legally need a working with children check, and have I verified it?

Each state and territory runs its own scheme, with its own verification and record-keeping duties. A police check is not a substitute.

Is a police check justified, and how will I use the result?

The AHRC's guidance is that a criminal record should only rule someone out if it means they cannot perform the inherent requirements of the job.

What personal information am I collecting, and how long will I keep it?

The OAIC says the employee records exemption does not cover prospective employees, and unsuccessful applicants can generally ask for access to information about them.

Have I prepared the contract and the right information statements?

Every new employee needs the Fair Work Information Statement, casual employees also need the Casual Employment Information Statement, and fixed-term employees also need the Fixed Term Contract Information Statement.

Do I understand the difference between probation and the minimum employment period?

Probation is set by the employer; the minimum employment period for unfair dismissal is set by law and depends on whether you employ fewer than 15 people.

About this page

recruitingsolutions.com.au is a free, non-commercial reference page published by Radiant Life Distributors Pty Ltd, Adelaide. It is general information only, not legal or workplace relations advice, and it does not say what applies to any particular employer or role. It sells nothing, takes no referral fees and does not list or recommend any recruitment agency, labour hire provider, screening company, lawyer or software. It is not affiliated with, or endorsed by, any organisation listed; listing is not an endorsement. Information was checked against official websites in October 2026; laws, thresholds, fees and contact details change, so confirm current details with the organisations linked above.