Cafés & restaurants compliance obligations in New South Wales: 100–499 employees
Computed by the Rules Mate applicability engine for a Pty Ltd company with 100–499 employees, turnover $10M–$100M, in cafés & restaurants, operating in New South Wales and selling to consumers and small businesses.
Short answer: 56 obligations
56 obligations apply (17 critical) across 28 regulators, plus 25 to check. Risk rating: medium. No licensed regime, but you employ staff (WHS, Fair Work, super and payroll duties); you are an APP entity under the Privacy Act; 17 critical obligations apply.
What changes at 100–499 employees
Compared with a cafés & restaurants business with 20–99 employees in New South Wales, 3 obligations apply that did not, and 1 drops away.
What switches on at 500+ employees
Moving to a Pty Ltd company with 500+ employees, turnover $100M–$1B adds 10 obligations:
- AASB S2 Scope 3 emissions + assurance phase-in
- Lodge mandatory climate-related financial disclosures (ASRS S2)
- Publish an annual Modern Slavery Statement
- Maintain auditor / financial reporting (Chapter 2M)
- Comply with corporate whistleblower protections (Part 9.4AAA Corporations Act)
- Lodge Payment Times Reports (large business)
- ASRS Group 3 climate disclosure — FY commencing on/after 1 July 2027
- Scope 3 emissions disclosure (AASB S2 + voluntary)
- Modern Slavery Statement (Cwlth)
- Climate scenario analysis (AASB S2)
New South Wales law that applies
5 New South Wales obligations apply on these facts, and 1 more is worth checking:
| Obligation | Why it applies |
|---|---|
| PCBU primary duty of care (NSW WHS Act s 19) | Every business is a PCBU — the primary duty of care applies whether or not you employ anyone · NSW law |
| Notify SafeWork NSW of notifiable WHS incidents | Every PCBU must notify the regulator of notifiable incidents (death, serious injury, dangerous incident) · NSW law |
| Pay NSW payroll tax when threshold met | 100–499 employees — wages far exceed the NSW payroll tax threshold of $1.2M |
| Pay long service leave under the LSL Act 1955 (NSW) | You have employees (100–499) · NSW law |
| Comply with Workplace Surveillance Act 2005 (NSW) | You have employees (100–499) · NSW law |
| Comply with Retail Leases Act 1994 (NSW) | Check: applies only if you lease retail premises |
Payroll tax in New South Wales (FY2026-27)
NSW: 5.45% on Australian wages above the $1.2 million tax-free threshold (FY2026-27). On these facts it applies: 100–499 employees — wages far exceed the NSW payroll tax threshold of $1.2M.
- How the threshold works
- Flat tax-free threshold, apportioned by the share of Australian wages paid in NSW and by days employed; only one group member claims it.
- Returns
- Monthly by the 7th of the following month; annual reconciliation by 28 July
- Administered by
- Revenue NSW
New South Wales regulators
Where the obligations sit
| Area | Obligations |
|---|---|
| Privacy | 9 |
| Workplace | 8 |
| Tax | 7 |
| Directors | 4 |
| Whs | 4 |
| Food safety | 3 |
| Super | 2 |
| Migration | 2 |
| Corporations | 2 |
| Gender equality | 2 |
Critical obligations on this profile
- Notifiable Data Breach (NDB) scheme (Annual turnover over $3M — an APP entity under the Privacy Act (s 6D))
- Apply for a Director Identification Number (Director ID) (Incorporated company (Corporations Act))
- Comply with directors' general law and statutory duties (Incorporated company (Corporations Act))
- Prevent insolvent trading (s 588G) (Incorporated company (Corporations Act))
- Pay superannuation on every payday (Payday Super) (You have employees (100–499))
- Pay employees in accordance with the applicable modern award (You have employees (100–499))
- Manage psychosocial hazards at work (You have employees (100–499))
- Take reasonable and proportionate measures to prevent sex discrimination, sexual (You have employees (100–499))
Check whether these apply
- ASRS Group 2 climate disclosure — FY commencing on/after 1 July 2026: only if you meet 2 of 3 Group 2 tests (revenue ≥ $200M, gross assets ≥ $500M, 250+ employees) or report under NGER
- Franchising Code of Conduct (mandatory industry code): only if you are a franchisor or franchisee
- Hold valid liquor licence (state liquor licensing): only if you sell or supply alcohol
- AASB S2 Scope 3 emissions + assurance phase-in: only if you meet 2 of 3 ASRS size tests (revenue ≥ $50M, gross assets ≥ $25M, 100+ employees) or report under NGER
- Lodge mandatory climate-related financial disclosures (ASRS S2): only if you meet 2 of 3 ASRS size tests (revenue ≥ $50M, gross assets ≥ $25M, 100+ employees) or report under NGER
- 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
- Comply with Plain English Allergen Labelling (PEAL): only if you supply packaged, labelled food
Thresholds to watch
- Modern Slavery Statement mandatory (threshold $100M consolidated; approaching)
Questions
- How many compliance obligations apply to cafés and restaurants in New South Wales with 100–499 employees?
- 56 obligations apply (17 critical) across 28 regulators, plus 25 to check. Risk rating: medium. No licensed regime, but you employ staff (WHS, Fair Work, super and payroll duties); you are an APP entity under the Privacy Act; 17 critical obligations apply.
- Which New South Wales laws apply?
- PCBU primary duty of care (NSW WHS Act s 19), Notify SafeWork NSW of notifiable WHS incidents, Pay NSW payroll tax when threshold met, Pay long service leave under the LSL Act 1955 (NSW) and Comply with Workplace Surveillance Act 2005 (NSW)
Related
- Cafés & restaurants compliance in New South Wales
- Cafés & restaurants: all obligations
- Compliance obligations by industry, state and size
- Cafés & restaurants in NSW: sole trader
- Cafés & restaurants in NSW: sole trader with employees
- Cafés & restaurants in NSW: partnership
- Cafés & restaurants in NSW: trading trust
- Cafés & restaurants in NSW: no employees
- Cafés & restaurants in NSW: 1–5 employees
- Cafés & restaurants in NSW: 20–99 employees
- Cafés & restaurants in NSW: 20–99 employees, turnover $1M–$3M
- Cafés & restaurants in NSW: 6–19 employees, turnover $3M–$10M
- Cafés & restaurants in NSW: 100–499 employees, turnover $100M–$1B
- Cafés & restaurants in NSW: 500+ employees, turnover $1B+
- Cafés & restaurants in Victoria: 100–499 employees
- Cafés & restaurants in Queensland: 100–499 employees
- Cafés & restaurants in Western Australia: 100–499 employees
- Cafés & restaurants in South Australia: 100–499 employees
- Cafés & restaurants in Tasmania: 100–499 employees
- Cafés & restaurants in Northern Territory: 100–499 employees
- Cafés & restaurants in Australian Capital Territory: 100–499 employees
- Franchising Code of Conduct (mandatory industry code): does it apply to cafés & restaurants?
- Hold valid liquor licence (state liquor licensing): does it apply to cafés & restaurants?
- Appoint a certified Food Safety Supervisor (FSS): does it apply to cafés & restaurants?
- Comply with Plain English Allergen Labelling (PEAL): does it apply to cafés & restaurants?
Sources
- Revenue NSW: payroll tax thresholds and rates
- PCBU primary duty of care (NSW WHS Act s 19)
- Notify SafeWork NSW of notifiable WHS incidents
- Pay long service leave under the LSL Act 1955 (NSW)
- Comply with Workplace Surveillance Act 2005 (NSW)
- Notifiable Data Breach (NDB) scheme
- Apply for a Director Identification Number (Director ID)
- Comply with directors' general law and statutory duties
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.