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Construction (residential & commercial) 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 construction (residential & commercial), operating in New South Wales and selling to consumers and small businesses.

Short answer: 58 obligations

58 obligations apply (21 critical) across 30 regulators, plus 30 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; 21 critical obligations apply.

What changes at 100–499 employees

Compared with a construction (residential & commercial) 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

New South Wales law that applies

5 New South Wales obligations apply on these facts, and 5 more are worth checking:

ObligationWhy 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 incidentsEvery PCBU must notify the regulator of notifiable incidents (death, serious injury, dangerous incident) · NSW law
Pay NSW payroll tax when threshold met100–499 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 NSW Design and Building Practitioners Act 2020Check: applies only if you design or build Class 2 (apartment) buildings
Obtain Subcontractor's Statements before paying subcontractors (NSW)Check: applies only if you are a principal contractor engaging subcontractors
NSW development consent (Environmental Planning and Assessment Act 1979)Check: applies only if you propose development requiring consent or a permit
National Parks and Wildlife Act 1974 (NSW) — Aboriginal heritageCheck: applies only if your activity disturbs land that may contain Aboriginal cultural heritage or is subject to native title
Home Building Compensation Fund (NSW)Check: applies only if you do residential building work over $20,000

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

AreaObligations
Privacy9
Whs8
Workplace8
Tax7
Directors4
Super2
Migration2
Corporations2
Gender equality2
Consumer law2

Critical obligations on this profile

Check whether these apply

Thresholds to watch

  • Modern Slavery Statement mandatory (threshold $100M consolidated; approaching)

Questions

How many compliance obligations apply to construction (residential and commercial) businesses in New South Wales with 100–499 employees?
58 obligations apply (21 critical) across 30 regulators, plus 30 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; 21 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

Sources

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.