Hiring someone is one of the better days in a small business. You've found the right person, they've said yes, and you're ready to get going. Then the paperwork lands, and suddenly you're wondering what you're legally required to do before they walk in the door.
Here's the part that catches people out. A lot of onboarding obligations are time-bound. Miss them and you're not just disorganised, you may be in breach. The good news is the list isn't long, and once you've got a system, it takes care of itself. Here's what you actually have to do.
Hand over the right information statements
Every new employee must get a copy of the Fair Work Information Statement before they start, or as soon as possible after. It sets out their rights at work, and it's not optional. You can download the current version free from the Fair Work Ombudsman website.
If you're hiring a casual, you also have to give them the Casual Employment Information Statement at the same time. And this one comes around again. For a small business with fewer than 15 staff, you give it to the casual once more at 12 months. For larger businesses, it's at 6 months, at 12 months, and then every 12 months after that.
Get the employment basics in writing
A written contract isn't strictly required by law for every employee, but going without one is a false economy. Put the key terms in writing: the role, the start date, whether it's full-time, part-time or casual, the pay rate, and the hours. Work out which modern award or agreement covers the role, then check the person's pay and conditions meet or beat that minimum. Underpaying because you guessed the classification wrong is one of the most common and expensive mistakes a small employer can make.
Sort out tax and super early
New starters need to provide their tax file number details, usually through the ATO's online process linked to your payroll. Super has a few moving parts worth getting right:
- Give eligible employees a Superannuation standard choice form within 28 days of their start date.
- If they don't choose a fund, you can't just open a default account. You have to request their stapled super fund from the ATO and pay into that.
- The super guarantee rate is 12% of ordinary time earnings for the 2025 to 2026 year.
One change to have on your radar: from 1 July 2026, Payday Super begins. Instead of paying super quarterly, you'll pay it every payday, and the money has to reach the employee's fund within seven business days. If you're setting up payroll for a new hire around now, set it up with that in mind so you're not reworking it in a few weeks.
Keep the records you're required to keep
Record-keeping isn't glamorous, but it's a legal obligation and your best protection if anything is ever questioned. You need to keep accurate employee and pay records for seven years, and you must give each employee a pay slip within one working day of being paid. Setting this up properly on day one is far easier than reconstructing it later.
Don't overlook the National Employment Standards
Every employee is covered by the National Employment Standards, which set the floor for things like leave, maximum weekly hours, and notice of termination. You can't contract out of them, and a contract term that offers less than the standards simply doesn't apply. When you're setting expectations on day one, make sure what you're promising sits at or above that floor.
Make day one about the person, not just the paperwork
None of the above is the reason someone stays. The compliance side keeps you safe, but a warm, organised first day is what tells a new hire they made the right choice. Have their logins ready, tell the team they're starting, and give them someone to ask the silly questions. It costs nothing and it sets the tone for everything that follows.
The slip-ups that catch employers out
- Forgetting the information statements, or handing over an old version
- Guessing the award classification and underpaying without realising
- Missing the 28-day window for the super choice form
- Opening a default super account instead of requesting the stapled fund
- No written contract, so nobody's clear on what was actually agreed
A note on legal grounding
This guide reflects Fair Work Act 2009 requirements and current Fair Work Ombudsman and ATO guidance as at 2026. It's general information, not legal or financial advice. Rules change and every business is different, so check the current requirements for your situation, and get professional advice if you're unsure.
TeamGrid builds practical, Fair Work-grounded people management templates for managers who don't have an HR department behind them. Editable in Word, professionally designed, and ready when you need them, so you're never starting from a blank page.