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
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 5 more are 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 NSW Design and Building Practitioners Act 2020 | Check: 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 heritage | Check: 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
| Area | Obligations |
|---|---|
| Privacy | 9 |
| Whs | 8 |
| Workplace | 8 |
| Tax | 7 |
| Directors | 4 |
| Super | 2 |
| Migration | 2 |
| Corporations | 2 |
| Gender equality | 2 |
| Consumer law | 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
- Comply with Heavy Vehicle Chain of Responsibility (CoR): only if you consign, pack, load or receive goods by heavy vehicle
- Comply with NSW Design and Building Practitioners Act 2020: only if you design or build Class 2 (apartment) buildings
- 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
- 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
- Maintain Hazardous Chemicals Register + manifest (WHS Reg): only if you use, handle or store hazardous chemicals
- 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
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
- Construction (residential & commercial) compliance in New South Wales
- Construction (residential & commercial): all obligations
- Compliance obligations by industry, state and size
- Construction (residential & commercial) in NSW: sole trader
- Construction (residential & commercial) in NSW: sole trader with employees
- Construction (residential & commercial) in NSW: partnership
- Construction (residential & commercial) in NSW: trading trust
- Construction (residential & commercial) in NSW: no employees
- Construction (residential & commercial) in NSW: 1–5 employees
- Construction (residential & commercial) in NSW: 20–99 employees, turnover $1M–$3M
- Construction (residential & commercial) in NSW: 6–19 employees, turnover $3M–$10M
- Construction (residential & commercial) in NSW: 100–499 employees, turnover $100M–$1B
- Construction (residential & commercial) in NSW: 500+ employees, turnover $1B+
- Construction (residential & commercial) in Victoria: 100–499 employees
- Construction (residential & commercial) in Queensland: 100–499 employees
- Construction (residential & commercial) in Western Australia: 100–499 employees
- Construction (residential & commercial) in South Australia: 100–499 employees
- Construction (residential & commercial) in Tasmania: 100–499 employees
- Construction (residential & commercial) in Northern Territory: 100–499 employees
- Construction (residential & commercial) in Australian Capital Territory: 100–499 employees
- Comply with the respirable crystalline silica workplace exposure limit (0.05 mg/m³): does it apply to construction (residential & commercial)?
- Hold a Construction Induction (White Card) before construction site work: does it apply to construction (residential & commercial)?
- Comply with NSW Design and Building Practitioners Act 2020: does it apply to construction (residential & commercial)?
- Maintain VBA registration as builder / draftsperson / surveyor: does it apply to construction (residential & commercial)?
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.