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Fair Work Ombudsman updates definition of ‘small business’

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There has also been an update on the review of the definition of ‘small business’ by the Fair Work Ombudsman. In 2024, the Fair Work Ombudsman (FWO) was tasked with investigating whether the Fair Work Act definition of small business remains fit for purpose.

While the Act defines a small business as an employer with fewer than 15 staff at any one time, the FWO did not come to a clear decision about whether the Fair Work Act’s definition of ‘small business’ should change. The report, published Tuesday, advocates for no one stakeholder view over another, and asks the federal government to draw its own conclusions.

This failure by the FWO has left small business advocates stunned and disappointed in the review of the legal definition of ‘small business’, which recommended no changes to the contentious status quo.