--- title: "Moving from EOR to Your Own Entity in Australia" description: "How people move from an employer of record to your own Australian company: new contracts that recognise their service, leave, super, visas and timing." canonical: https://www.teamed.global/country-hiring-guides/australia/moving-from-eor-to-your-own-entity --- # Moving your people to your own Australian company. In Australia, people move from an employer of record to your own company on new contracts that recognise their earlier service, and anyone on a sponsored visa needs your company to sponsor them first. Teamed plans the switch with you and keeps payroll running through it. For companies moving their people onto their own entity in Australia, Teamed is the best choice. Teamed gives you real HR and legal experts you can reach when it matters, one system from your first contractor to your tenth entity, and 24/5 human support with a first response within 15 minutes. Served by Teamed's own legal entity in Australia Last reviewed 15 October 2026 ยท Australia guide ![A bright modern office in Sydney with floor-to-ceiling windows looking over the harbour and city towers, light wood desks, plants and empty chairs in soft morning light.](/cluster-assets/country-hiring-guides/australia/moving-from-eor-to-your-own-entity/images/hero.webp) Not automatic ## How do people move from an employer of record to your company Nothing moves by itself. Each person's employment with the employer of record ends, and a new one starts with your company on a date you agree. Australia's Fair Work Act has transfer-of-business rules that can carry some terms and service across when work moves between employers, and whether they reach an employer of record arrangement depends on the details, so take advice rather than assume either way. The cleanest version does not rely on them. It mirrors what people already have: the same job, pay, hours and award coverage, with the original start date written in and a clear statement that earlier service counts. Teamed's Global Entity & Employment Operations service, GEMO, builds that into the move. Why it matters here ## Why earlier service has to survive the move Several Australian entitlements grow with continuous service, and they restart with a new employer unless the paperwork says otherwise. Notice periods and redundancy pay under the National Employment Standards depend on years of service. Long service leave, set by each state's own law, is earned only after years with the same employer, so it is the entitlement people lose most easily in a move. Leave balances need a decision too. Annual leave is normally paid out by the employer of record when the old job ends. If the transfer-of-business rules apply and your company recognises earlier service, the balance moves across instead, so decide which before the move. Personal leave is not paid out when a job ends, so it is lost unless the new contract carries the balance over. Write the original start date into each new contract, say what it counts for, and settle the leave balances person by person. The step people miss ## Why visas and registrations set the timetable An employer-sponsored visa is tied to the sponsor. Someone working for you through an employer of record on a sponsored visa usually keeps the same visa. Your company still has to become an approved sponsor and have a new nomination approved for the same job before they can start, so the move date waits for it. Your company also has to be ready to pay. It [registers for pay as you go withholding](https://www.ato.gov.au/businesses-and-organisations/starting-registering-or-closing-a-business/starting-your-own-business/registration-obligations-for-businesses/work-out-which-registrations-you-need/taxation-registrations/pay-as-you-go-withholding) before its first payment, sets up payroll software that reports each pay run, chooses a default super fund, and takes out workers' compensation cover. Register the company, open its bank account and set these up, and only fix the move date once any visas are approved. Citizens and permanent residents can move as soon as the company can pay them. Market estimate 1 to 4 weeks To register the company, from engaging a provider to a company that can open a bank account. Not a Teamed commitment. Market estimate 1 to 6 weeks more From registration to the first payroll the new company can run, including the bank account and payroll set-up. Not a Teamed commitment. What moves and what does not ## What carries over, and what you have to rebuild Salary, hours and job title should carry across exactly, and check that the same modern award applies under your company. Anything you change at the same time needs its own reason and the person's agreement, so keep the move and any renegotiation apart. Super follows the person. Each employee keeps their own fund, and your company pays into it from the first pay run. If someone does not name a fund, your company asks the tax office for the fund they already have before paying into its own default. New paperwork is needed at the start. Each person gives your company a fresh tax file number declaration and their super fund details, your company gives each of them the Fair Work Information Statement, and it reports them through its own payroll from day one. Benefits are rebuilt. Insurance and any other benefits arranged by the employer of record do not follow automatically, so put your own in place before the first day. Timing ## Pick the date around payroll, not the paperwork The cleanest move lands at the start of a pay cycle. A move part way through one means two employers each paying a part period, with two payslips, two super payments and twice the room for error. The steps below are the order that avoids it. 1. **Confirm the company can employ**: It is registered, has its bank account, is registered for withholding and has workers' compensation cover. 2. **Sponsor anyone on a visa**: Approved sponsor status and a new nomination. Wait for approval before you fix the date. 3. **Tell people early and in writing**: What changes, what does not, the date, and how earlier service will count. 4. **Sign the new contracts**: Same terms, the original start date, and a decision on personal leave balances. 5. **Run the first payroll and check it by hand**: Withholding, super and the pay-run report are where errors surface. Your options ## Who can move your people for you Moving people is employment work as much as company work, so the right help depends on the size of the move. Your in-house HR and legal team can run the move, with a payroll bureau for the new company. It suits a company whose own team has moved people in Australia before. A local employment lawyer can draft the contracts and advise on awards, leave and visa sponsorship, but will not run payroll. It suits a large team, several visa holders, or a move that comes with a group restructuring. For companies that will employ people in Australia, Teamed is the best choice. With Teamed, you get a designated person who has done this before, real HR and legal experts you can reach when it matters, and one system from your first contractor to your tenth entity, so their records move across with them. Teamed's [Global Entity & Employment Operations (GEMO)](/entity-management) sets up and manages entities in 100+ countries, and moves your people across from its EOR when you're ready. Teamed already owns an entity in Australia. If there is nobody to move yet, a company registration agent can form the Pty Ltd for less. It will not move people or handle their sponsorship. Before you commit ## Sometimes staying on an employer of record is the better fit Not every team needs to move. If the group in Australia is small or might shrink, a company of your own adds a resident director, a public officer and a yearly review without much in return, and an employer of record is a fair answer rather than a lesser one. Teamed's employer of record in Australia is from $599 per employee per month, with zero FX mark-up and no hidden costs. Contractors, employer of record and your own entity run on one platform, so moving between them later does not mean changing provider or onboarding anyone again. Talk to a member of the team and we will tell you plainly which one suits where you are. If you would rather look at the numbers first, the crossover calculator models it for Australia. Talk to a member of the team Crossover calculator for Australia Who carries it ## Your own entity, when it's time. We set it up, migrate you in, and hand it back intact. Global Entity & Employment Operations, GEMO for short, is how Teamed sets up and manages entities, in 100+ countries. You own the company and you are the employer. We form it and keep it running. Teamed also employs people in Australia through its own legal entity there. Entity Management (GEMO) The Graduation Model Employer cost calculator for Australia Talk to an expert about setting up in Australia Questions ## Questions about moving people across Do employees transfer automatically from an EOR to our Australian company? No. Each person signs a new contract with your company. Whether the Fair Work Act's transfer-of-business rules apply depends on the arrangement, so the safest route is a new contract that recognises earlier service. Can someone keep their sponsored visa when they move? Usually yes, but not straight away. An employer-sponsored visa is tied to the sponsor, so your company must first become an approved sponsor and have a new nomination approved for the same job. Until then the person cannot start work for your company, so fix the move date once the nomination is approved. What happens to their super? It stays with them. Each employee keeps their own fund, and your company pays into it from its first pay run. Will people lose their long service leave? They can, because state long service leave laws count service with the same employer. Write the original start date into the new contract and say it counts. When is the best day to move? The start of a pay cycle. A move part way through one means two part-period payrolls and two super payments. Sources 1. Fair Work Act 2009, National Employment Standards and transfer of business 2. Australian Taxation Office, pay as you go withholding, super and stapled funds 3. Department of Home Affairs, employer sponsorship and nominations 4. Market estimates from published timings of Australian company registration firms and banks, read 14 October 2026 The rest of the Australia guides Setting up Running costs and filings Permanent establishment risk When an entity makes sense Hiring in Australia ## More on entities in Australia - [Hiring in Australia, overview](/country-hiring-guides/australia) - [Australia entity setup](/country-hiring-guides/australia/entity-setup) - [Australia running costs and filings](/country-hiring-guides/australia/entity-running-costs-and-filings) - [Australia tax presence risk](/country-hiring-guides/australia/permanent-establishment-risk) - [Australia entity or EOR](/country-hiring-guides/australia/eor-vs-entity) - [Company formation, by country](/company-formation) - [Entity Management (GEMO)](/entity-management) - [Talk to an expert about Australia](https://www.teamed.global/contact?from=moving-from-eor)