When size matters: "Small Business Employer" status

Calculating total number of employees for small business employer status under Fair Work Act 2009

A recent decision from the Fair Work Commission provides some useful guidance to small businesses on when to include casual employees in the total number of employees employed by the business to determine whether they qualify as "Small Business Employers" under the Fair Work Act 2009 (Act).

Background

A "Small Business Employer" is defined in the Act as an employer with fewer than 15 employees. Small Business Employers enjoy a number of concessions under the Act in relation to the termination of employees, such as:

1. An exemption from the obligation to pay redundancy pay to eligible employees in addition to notice of termination;