What counts as a "small business" employer
Fewer than 15 employees, counted across associated entities, with casuals excluded unless they work regular and systematic hours.
The Fair Work Commission's guidance states the definition plainly: "A business with less than 15 people is considered a small business. This is defined by law." It is a headcount test, not a revenue or turnover test.
How the headcount actually works
The Fair Work Ombudsman's guidance adds detail the Commission's own page did not spell out in this session's extraction: an employer is a small business employer if it has fewer than 15 employees at the relevant time, and stops being one once it reaches 15 or more. Employees of associated entities of the employer are included in the count. Casual employees are excluded from the count unless they are engaged on a regular and systematic basis.
Why the number matters twice
Small business status affects two separate things: the minimum employment period rises from 6 to 12 months, and the dismissal is tested against the Small Business Fair Dismissal Code rather than only the general fairness factors. Both are covered on their own guides.