Submission to Fair Work Ombudsman Review of the Fair Work Act Small Business Definition

Master Builders welcomes the opportunity to provide submissions in response to the Fair Work Ombudsman Review of the Fair Work Act Small Business Definition.

Employers in the construction industry are predominantly small businesses. It is worth noting that of the 452,818 small construction businesses, 98.6% of these were small businesses as defined by the Fair Work Act 2009 (Cth).

Master Builders recommends that the definition of a ‘small business’ consider the various definitions of small business in Australia. These include:

• An employer who employees fewer than 15 employees based on a headcount of employees at any particular time;
• An organisation that employees less than 20 people;
• A small company who has an annual turnover of less than $25 million, no more than 50 employees and holds assets under $12.5million;
• A business with an annual turnover of $10million or less.

Based on the variety of definitions of a small business, it is Master Builders’ recommendation to ensure that there is consideration given to consistency in the definitions currently provided at law in Australia.