Hiring employees in WA

The cheapest time to fix an employment problem is before the person starts.

Hiring is not only a recruitment decision. The employment type, award coverage, classification, pay structure and written expectations established at the start will shape every later conversation about performance, flexibility and termination.

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Decide whether the work is ongoing, part-time, casual, fixed term or genuinely independent contracting.

Identify the likely award and classification by looking at the industry, duties, skill level and responsibility.

Set a lawful pay structure and realistic ordinary hours before advertising the role.

Maintain a current position description and assess applicants against the duties, skills and standards the role genuinely requires.

What good looks like

A job title is not a legal classification.

The actual relationship and work matter. A polished title, an ABN or a contractor agreement cannot safely substitute for checking how the worker will be engaged and controlled.

Employment status

Test whether the role is employee or contractor, then choose full-time, part-time, casual or fixed term employment where appropriate.

Award and level

Map the real duties against the relevant award coverage and classification provisions.

Current position description

Keep the position description accurate and use it to assess applicants, structure the offer and support later performance conversations.

Early expectations

Set duties, standards, reporting lines and review dates from the start, then provide prompt feedback during onboarding.

Employer checklist

A practical hiring sequence

Review the position description and define the work, authority and skills the role genuinely requires.
Check employee versus contractor status before requesting an ABN.
Select the employment type and identify any fixed term limitations.
Confirm the award, classification and complete pay calculation.
Prepare matching advertisement, position description, offer and contract.
Schedule induction, early feedback and a formal performance review date.

Common traps

Common hiring mistakes

Calling a worker a contractor because that arrangement appears simpler or cheaper.
Assuming an employee is award free because their title includes manager or their salary is above the minimum wage.
Advertising a flat rate without checking penalties, overtime and allowances.
Using a casual arrangement for a role that is operated as fixed and ongoing without reviewing the current casual rules.
Waiting until a concern becomes serious before giving clear performance feedback.

Real court outcome

An ABN and contractor agreement did not settle the issue.

In a Pizza Hut franchise case, the Fair Work Ombudsman reported that a delivery driver was required to obtain an ABN and treated as an independent contractor. The Federal Circuit Court imposed $216,700 in total penalties after finding sham contracting and related workplace law contraventions.

The label on the document is not enough. The engagement needs to be structured and operated consistently with the legal character of the relationship.Read the primary source: Fair Work Ombudsman, Skyter Pizza Hut penalty release

Does having an ABN make someone a contractor?

No. An ABN is one fact, not a complete answer. Employers need to assess the legal character of the relationship and how the arrangement will operate in practice.

Can a job advertisement list a flat hourly rate?

It can, but the rate must not breach the Fair Work Act or an applicable award or agreement. Employers should check penalties, overtime and allowances before publishing it.

Do all dismissal claims have a minimum employment period?

No. Unfair dismissal eligibility in the national system generally requires six months of employment, or 12 months for a small business employer, together with other jurisdictional requirements. The minimum employment period is not relevant to a general protections claim, and unlawful termination claims are a separate jurisdiction. Employers should assess every proposed dismissal for prohibited reasons, notice and other risks from the start of employment.

Check the source

Primary guidance used on this page.

This page provides general information for employers. Workplace outcomes depend on the employing entity, applicable system, instrument and facts. It is not legal advice. Read the full website disclaimer.

How Stephen can help

Build the employment relationship on the right foundation.

Stephen can help structure the role, check the likely employment framework and prepare practical employment documents before an offer creates avoidable risk.

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