The Complete Construction Compliance Checklist for Australian SMBs
Running a small construction business in Australia means operating across a remarkably complex regulatory environment. WHS obligations, building licences, employment law, security of payment, tax, and subcontractor management — each domain has its own rules, deadlines, and enforcement agencies.
This checklist brings them all together. Use it to assess your current compliance status, identify gaps, and prioritise what to address first.
Part 1: Work Health and Safety (WHS)
PCBU Duties
- [ ] WHS management system is in place (even if informal — risk assessments, safe work procedures, incident reporting)
- [ ] Hazard register documented for your typical work activities
- [ ] Workers are consulted on WHS matters (toolbox talks, pre-start meetings)
- [ ] Emergency procedures documented and communicated to all workers
- [ ] First aid facilities are adequate (first aid kit, trained first aider for site size)
High-Risk Construction Work
- [ ] SWMS prepared for all high-risk construction work before it commences
- [ ] SWMS are site-specific and task-specific (not generic templates filed without review)
- [ ] Workers have reviewed and signed SWMS before commencing high-risk work
- [ ] SWMS are accessible on site during the work
- [ ] SWMS are updated when work conditions change
Falls from Height
- [ ] Edge protection is in place before work commences at heights over 2 metres
- [ ] Scaffolding has a current handover certificate (from a licensed scaffolder)
- [ ] Fall arrest systems (harnesses, anchor points, lanyards) are inspected and within service life
- [ ] Safety nets or catch platforms are used where edge protection is not reasonably practicable
Plant and Equipment
- [ ] All plant requiring registration (cranes, hoists, EWPs, forklifts, etc.) has current plant registration
- [ ] All workers operating licensed plant hold the required high-risk work licence
- [ ] Plant is inspected regularly and defects recorded and remedied
- [ ] Pre-start checks are conducted for all mobile plant
Site Management
- [ ] Site entry/induction process is in place for all workers and visitors
- [ ] Induction records are maintained
- [ ] WHS management plan prepared for notifiable construction work (usually projects >$250,000 — check your state's threshold)
- [ ] Subcontractors have provided SWMS for their high-risk work before commencing
- [ ] Subcontractors are inducted to site-specific rules and hazards
Hazardous Materials
- [ ] Safety data sheets are available for all hazardous substances on site
- [ ] Silica dust controls are in place for concrete, engineered stone, and masonry cutting
- [ ] Asbestos register prepared (for work on buildings built before 2003)
- [ ] Asbestos survey conducted before demolition or major renovation of potentially affected buildings
- [ ] Asbestos removal managed by licensed contractor (Class A for friable, Class B for non-friable)
Psychosocial Hazards
- [ ] Psychosocial hazards identified (bullying, harassment, high job demands, fatigue, trauma exposure)
- [ ] Controls in place for identified psychosocial hazards
- [ ] Anti-bullying and harassment policy in place and communicated to all workers
- [ ] Workers aware of how to report psychosocial hazard concerns
Workers Compensation
- [ ] Workers compensation insurance policy is current and covers all employees (including casuals)
- [ ] Injury management and return-to-work procedures are documented
- [ ] Incident register maintained for all injuries, illnesses, and near misses
- [ ] Notifiable incidents reported to the WHS regulator immediately (death, serious injury/illness, dangerous incident)
Part 2: Building and Trade Licensing
- [ ] Builder's licence/registration is current for your state (check renewal date)
- [ ] Licence covers the category of work you are performing
- [ ] Nominated supervisor holds required qualifications for your jurisdiction
- [ ] All trades on site (electrical, plumbing, gas, scaffolding, etc.) hold required licences
- [ ] Subcontractor licences verified before engagement
- [ ] If working in another state: licence/registration obtained for that jurisdiction
- [ ] Insurance required by state licensing body (e.g., domestic building insurance in VIC) is current
Part 3: Subcontractor Management
- [ ] Subcontractor pre-qualification checklist in place (ABN, insurance, licence, SWMS capability)
- [ ] Written contracts in place for all subcontractors
- [ ] Public liability insurance Certificates of Currency obtained before engagement
- [ ] Workers compensation coverage confirmed for subcontractor's own workers
- [ ] Payment claims from subcontractors tracked and responded to within required timeframes (security of payment)
- [ ] Payment schedules issued when disputing payment claims
- [ ] Super guarantee obligations assessed for sole trader contractors engaged primarily for their labour
Part 4: Employment Law
Staff Classification and Contracts
- [ ] All employees have written employment contracts
- [ ] Employment basis (full-time, part-time, casual) documented
- [ ] Applicable award identified (Building and Construction General On-Site Award 2020 covers most construction workers)
- [ ] Classification levels correctly assigned
Pay Rates and Entitlements
- [ ] Pay rates at or above current award minimums (updated 1 July each year)
- [ ] Allowances paid as required by the award (industry allowance, tool allowance, travel, first aid, etc.)
- [ ] Overtime rates applied correctly
- [ ] Apprentice wage rates applied correctly (increases at each year of apprenticeship)
- [ ] Annual leave loading (17.5%) paid when employees take annual leave
Superannuation
- [ ] Super paid at 12% of ordinary time earnings from 1 July 2025
- [ ] Super paid on time (quarterly until 30 June 2026; payday thereafter)
- [ ] Long service leave contributions paid where required (state-based portable long service leave schemes apply in some states — e.g., CoINVEST in VIC, BCI in NSW, BCIML in QLD)
Record-Keeping
- [ ] Employment records maintained for 7 years
- [ ] Pay slips issued within one working day of each pay period
- [ ] Hours of work records maintained
Workplace Obligations
- [ ] Fair Work Information Statement provided to all new employees
- [ ] Casual Employment Information Statement provided to casual employees
- [ ] Workers compensation injury management procedures in place
Part 5: Tax and Payroll
- [ ] STP Phase 2 configured correctly in payroll software
- [ ] BAS lodged on time (monthly or quarterly as registered)
- [ ] PAYG withholding correctly calculated and remitted
- [ ] Contractor payments reported via Taxable Payments Annual Report (TPAR) — required for building and construction businesses engaged in construction services
- [ ] Business name/ABN registered details current with ASIC/ABR
Part 6: Corporate and Business Obligations
- [ ] ABN registered and current
- [ ] Business name registration current (renewed 1 or 3 yearly via ASIC)
- [ ] Company annual review fee paid to ASIC (for companies)
- [ ] Directors' obligations under the Corporations Act observed
How Often Should You Review This Checklist?
Before each project commences: Site WHS plan, subcontractor pre-qualification, SWMS for high-risk work
Monthly: PAYG, BAS (if monthly), payment claim responses, incident records
Quarterly: Super payments (until June 2026), WHS site reviews
Annually: Licence renewals, workers comp premium, award rate updates (1 July), TPAR lodgement, apprentice wage tier reviews
When workers start or leave: Induction, classification, casual conversion assessment
The Complexity Is the Point
This checklist covers over 70 compliance obligations — and construction businesses carry some of the most complex WHS and employment law obligations of any industry in Australia.
Most small construction businesses manage this with one or two people in administration, a bookkeeper, and an accountant. None of them see the whole picture.
Reguladar is built for exactly this situation. It gives construction business owners a single compliance dashboard showing every obligation that applies to their specific business, when it's due, and what to do next.
Get your personalised construction compliance dashboard at Reguladar →
This checklist is general information only. Requirements vary by state and territory and by project type. Seek professional advice for your specific situation.
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