Agriculture, forestry & fishing compliance obligations in Victoria: sole trader with employees
Computed by the Rules Mate applicability engine for a sole trader with 1–5 employees, turnover $100K–$1M, in agriculture, forestry & fishing, operating in Victoria and selling to consumers and small businesses.
Short answer: 36 obligations
36 obligations apply (14 critical) across 24 regulators, plus 29 to check. Risk rating: medium. No licensed regime, but you employ staff (WHS, Fair Work, super and payroll duties); 14 critical obligations apply.
Taking on staff as a sole trader: what changes
Compared with a agriculture, forestry & fishing business run as a sole trader with no employees in Victoria, 20 obligations apply that did not.
- Applies: Pay superannuation on every payday (Payday Super)
- Applies: Pay employees in accordance with the applicable modern award
- Applies: Manage psychosocial hazards at work
- Applies: Take reasonable and proportionate measures to prevent sex discrimination, sexual
- Applies: Withhold PAYG from employee and contractor payments
- Applies: Provide 10 days paid family + domestic violence leave (FDV)
- Applies: Document VEVO checks + retain employer records (s 245AYL Migration Act)
- Applies: Casual employment definition + conversion (Closing Loopholes 2024)
- Applies: Report under Single Touch Payroll Phase 2
- Applies: Honour employees' right to disconnect (s 333M)
What switches on if you incorporate
Moving to a Pty Ltd company with 1–5 employees, turnover $100K–$1M adds 10 obligations:
- Apply for a Director Identification Number (Director ID)
- Comply with directors' general law and statutory duties
- Prevent insolvent trading (s 588G)
- Pay company PAYG/GST/SG or face Director Penalty Notice (DPN)
- Lodge the ASIC annual company statement and review fee
- Determine large proprietary company status annually
- Apply for a Tax File Number for new entities and partnerships
- Pay ASIC fees + lodge prescribed forms
- Discharge of directors' duties — practical evidence
- Beneficial ownership transparency (Tranche 3 — under consultation)
Victoria law that applies
4 Victoria obligations apply on these facts, and 2 more are worth checking:
| Obligation | Why it applies |
|---|---|
| Notify VIC WorkSafe of notifiable WHS incidents | Every PCBU must notify the regulator of notifiable incidents (death, serious injury, dangerous incident) · VIC law |
| PCBU primary duty of care (Victoria OHS Act s 21) | Every business is a PCBU — the primary duty of care applies whether or not you employ anyone · VIC law |
| Comply with the General Environmental Duty (VIC) | The Victorian general environmental duty applies to every business activity that could cause harm from pollution or waste · VIC law |
| Pay long service leave under the LSL Act 2018 (Vic) | You have employees (1–5) · VIC law |
| VIC Environment Reference Standards (air, water, noise) | Check: applies only if you hold or need an EPA Victoria permission |
| Aboriginal Heritage Act 2006 (Vic) — CHMP | Check: applies only if your activity disturbs land that may contain Aboriginal cultural heritage or is subject to native title |
Payroll tax in Victoria (FY2026-27)
VIC: 4.85% on Australian wages above the $1 million tax-free threshold (FY2026-27). On these facts the business is below the Victoria threshold, so payroll tax does not apply yet.
- How the threshold works
- Full threshold below $3M of Australian wages; between $3M and $5M it phases out at 50% of wages over $3M; no threshold above $5M.
- Surcharges
- Above $10M Australian wages: mental health and wellbeing surcharge 0.5% + COVID-19 debt surcharge 0.5%; above $100M a further 0.5% each (2% total).
- Regional concession
- 1.2125% regional employer rate
- Returns
- Monthly by the 7th of the following month; annual reconciliation by 21 July
- Administered by
- SRO Vic
Victoria regulators
Where the obligations sit
| Area | Obligations |
|---|---|
| Workplace | 7 |
| Whs | 5 |
| Tax | 5 |
| Super | 2 |
| Agriculture | 2 |
| Migration | 2 |
| Privacy | 2 |
| Consumer law | 2 |
| Wages | 1 |
| Discrimination | 1 |
Critical obligations on this profile
- Pay superannuation on every payday (Payday Super) (You have employees (1–5))
- Pay employees in accordance with the applicable modern award (You have employees (1–5))
- Manage psychosocial hazards at work (You have employees (1–5))
- Take reasonable and proportionate measures to prevent sex discrimination, sexual (You have employees (1–5))
- Australian Business Number (ABN) application (Every business carrying on an enterprise needs an ABN)
- Lodge Business Activity Statements at assigned frequency (Turnover above the $75K GST registration threshold)
- On-farm biosecurity record-keeping + reporting (Industry: Agriculture, forestry & fishing)
- Withhold PAYG from employee and contractor payments (You have employees (1–5))
Check whether these apply
- Comply with Heavy Vehicle Chain of Responsibility (CoR): only if you consign, pack, load or receive goods by heavy vehicle
- EPBC Act — assess + approve controlled actions affecting MNES: only if you propose an action likely to significantly affect a matter of national environmental significance
- Notify + remediate contaminated land (state): only if you own, occupy or caused contamination of land
- Food and Grocery Code of Conduct (now mandatory): only if you are a large grocery retailer or supply one
- Lodge an FBT return and pay FBT by 21 May: only if you provide fringe benefits (cars, entertainment, loans) to employees
- Wash outbound marketing lists against the Do Not Call Register: only if you make outbound telemarketing calls
- Hold a Remote Pilot Licence / RPAS operator certificate (drones): only if you fly drones commercially
- Comply with self-assessed clearance + Integrated Cargo System (ICS): only if you import goods into Australia
Thresholds to watch
- Lose the Privacy Act small-business exemption at $3M annual turnover (removal of the exemption altogether is proposed, not yet law) (threshold $3M; approaching)
Questions
- How many compliance obligations apply to agriculture, forestry and fishing businesses in Victoria run as a sole trader with 1–5 employees?
- 36 obligations apply (14 critical) across 24 regulators, plus 29 to check. Risk rating: medium. No licensed regime, but you employ staff (WHS, Fair Work, super and payroll duties); 14 critical obligations apply.
- Which Victoria laws apply?
- Notify VIC WorkSafe of notifiable WHS incidents, PCBU primary duty of care (Victoria OHS Act s 21), Comply with the General Environmental Duty (VIC) and Pay long service leave under the LSL Act 2018 (Vic)
Related
- Agriculture, forestry & fishing compliance in Victoria
- Agriculture, forestry & fishing: all obligations
- Compliance obligations by industry, state and size
- Agriculture, forestry & fishing in VIC: sole trader
- Agriculture, forestry & fishing in VIC: partnership
- Agriculture, forestry & fishing in VIC: trading trust
- Agriculture, forestry & fishing in VIC: no employees
- Agriculture, forestry & fishing in VIC: 1–5 employees
- Agriculture, forestry & fishing in VIC: 100–499 employees
- Agriculture, forestry & fishing in VIC: 20–99 employees, turnover $1M–$3M
- Agriculture, forestry & fishing in VIC: 6–19 employees, turnover $3M–$10M
- Agriculture, forestry & fishing in VIC: 100–499 employees, turnover $100M–$1B
- Agriculture, forestry & fishing in VIC: 500+ employees, turnover $1B+
- Agriculture, forestry & fishing in New South Wales: sole trader with employees
- Agriculture, forestry & fishing in Queensland: sole trader with employees
- Agriculture, forestry & fishing in Western Australia: sole trader with employees
- Agriculture, forestry & fishing in South Australia: sole trader with employees
- Agriculture, forestry & fishing in Tasmania: sole trader with employees
- Agriculture, forestry & fishing in Northern Territory: sole trader with employees
- Agriculture, forestry & fishing in Australian Capital Territory: sole trader with employees
- On-farm biosecurity record-keeping + reporting: does it apply to agriculture, forestry & fishing?
- EPBC Act — assess + approve controlled actions affecting MNES: does it apply to agriculture, forestry & fishing?
- Notify + remediate contaminated land (state): does it apply to agriculture, forestry & fishing?
- Food and Grocery Code of Conduct (now mandatory): does it apply to agriculture, forestry & fishing?
Sources
- SRO Vic: payroll tax thresholds and rates
- Notify VIC WorkSafe of notifiable WHS incidents
- PCBU primary duty of care (Victoria OHS Act s 21)
- Comply with the General Environmental Duty (VIC)
- Pay long service leave under the LSL Act 2018 (Vic)
- Pay superannuation on every payday (Payday Super)
- Pay employees in accordance with the applicable modern award
- Manage psychosocial hazards at work
Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.