Most contract questions in Australia end at a number. A threshold, a rate,
a penalty unit, a retention period. This page holds the ones that matter,
with the date each took effect. It is checked and re-dated whenever a
figure moves.
Employment
Australian employment figures and the date each applies from
| Figure |
Value |
Applies from |
| Penalty unit |
$364, up from $330 |
1 July 2026 |
| High income threshold |
$190,100, up from $183,100 |
1 July 2026 |
| Superannuation guarantee rate |
12% |
Unchanged |
| Superannuation maximum contribution base |
$270,830 a year |
1 July 2026 |
| National minimum wage |
$1,004.90 a week, or $26.44 an hour |
1 July 2026 |
| Unfair dismissal minimum employment period |
6 months, or 12 months in a business with fewer than 15 employees |
—No commencement date |
| Employee record retention |
7 years |
—No commencement date |
| Award rates |
Change on 1 July each year |
—No commencement date |
The two "small business" tests
The most commonly confused pair in Australian contract law, because the same
phrase means two different things under two different Acts.
The two small business tests in Australian law
| Regime |
Test |
| Australian Consumer Law |
Fewer than 100 employees, or turnover under $10m |
| Fair Work Act 2009 (Cth) |
Fewer than 15 employees |
A business with 40 staff is a small business for unfair contract terms
purposes and is not a small business for unfair dismissal purposes. Both
statements are true at the same time.
Consumer and business contracts
Unfair contract terms penalties for consumer and business contracts
| Rule |
What applies |
| Unfair contract terms penalties |
Civil penalties have applied since 9 November 2023 |
| Maximum penalty, body corporate |
The greater of $100m, three times the value of the
benefit obtained, or 30% of adjusted turnover during the breach period.
Doubled from $50m on 28 March 2026 under the Treasury Laws Amendment
(Doubling Penalties for ACCC Enforcement) Act 2026 |
| Contraventions |
Proposing, using or relying on an unfair term is prohibited. The same
prohibition can be contravened more than once in the same contract,
over the same term |
Contractors
Contractor classification and superannuation figures
| Rule |
What applies |
| Contractor test |
"Real substance, practical reality and true nature" — Fair Work
Act 2009 (Cth) s 15AA, in force 26 August 2024 |
| Sham contracting defence |
Employer must prove a reasonable belief |
| Superannuation |
A contractor engaged wholly or principally for their labour is deemed
an employee for superannuation |
| Superannuation guarantee charge |
Shortfall, nominal interest at 10% a year, and
$20 per employee per quarter administration.
Not tax deductible |
Leases
Australian retail lease regimes by jurisdiction
| Item |
Position |
| Number of regimes |
8, one per state and territory |
| South Australia |
Leases above $420,000 a year excluded, from
1 July 2025 |
| Tasmania |
Runs on 1998 Regulations. The Retail Leases Act 2022 (Tas) has never
been proclaimed |
Announced, not law
Announced Australian contract law changes that are not yet in force
| Proposal |
Status |
| Non-compete ban |
Announced in the 2025–26 Budget. Consultation closed 5 September
2025. No Bill introduced. Proposed to start
in 2027 |
A figure that has been announced is not a figure you can rely on. This section
exists because the distinction is where most published Australian legal
content goes wrong.
→ See how these apply to a contract you hold
Contractam provides contract analysis and information, not legal
advice. For advice specific to your situation, consult a qualified
Australian lawyer. Contractam analyses contracts under Australian law
only. See our disclaimer.
