The Painting Subcontractor Guide
What it takes to work as an independent painting subbie in Australia: an agreement, insurance, a SWMS, getting paid, and a rate that covers your costs.
A painting subcontractor is an independent painting business working under another business, not an employee. That means your own ABN, a written agreement, your own insurance and SWMS, and knowing how and when you get paid. This guide covers each, with the compliance parts linked to their sources.
General information for Australian painting businesses, not legal, financial, tax or safety advice. Rules change and vary by state or territory. Confirm anything you rely on with the relevant regulator (the Fair Work Ombudsman, the ATO, and your state building and payments authority) before acting.
Subcontractor or employee?
The distinction is legal, not just a job title. A genuine subcontractor runs their own business: own ABN, control over how the work is done, own tools, own risk, and the ability to work for others. Calling a worker a subcontractor to sidestep employee entitlements is sham contracting, which is prohibited under the Fair Work Act. If the arrangement looks and works like employment, the label will not protect either side.
Source: Fair Work Ombudsman Source: business.gov.au on contractors
What a painting subcontract agreement covers
Put it in writing before the first coat. A one-page agreement that names these terms prevents most subbie disputes.
| Term | Why it matters |
|---|---|
| Scope and specification | Exactly what is painted, surfaces, coats, prep level and what is excluded |
| Rate and how it is measured | Per m2, hourly or fixed price, and whether paint and materials are supplied by you or the head contractor |
| Variations | How extra work is priced and approved in writing before it is done |
| Payment terms | When you claim, when you are paid, and the process for progress claims on longer jobs |
| Insurance and safety | Who holds public liability, and that a SWMS is in place before high-risk work starts |
| Defects and retention | Rework obligations and any amount held back until completion |
Getting paid: Security of Payment
Every Australian state and territory has Security of Payment legislation that gives contractors and subcontractors a statutory right to claim progress payments and a rapid adjudication process when a payment is disputed. It is one of the strongest protections a painting subbie has, so invoice correctly and keep your claims and any payment schedules on file.
The process is broadly the same everywhere except the NT. You serve a payment claim for the work done. The head contractor must respond with a payment schedule within a set time or they become liable for the full claimed amount. If the schedule offers less than you claimed, or the money does not arrive by the due date, you can take the claim to a fast adjudication instead of court, run through an authorised nominating authority in most states, the QBCC registry in Queensland, or a registered adjudicator in the NT. In NSW, Victoria, SA, Tasmania and the ACT the claim must state that it is made under the Act; in Queensland a standard invoice counts as a payment claim. The NT model is different: there is no payment-schedule step, and either party can take a payment dispute to adjudication within 65 working days of the dispute arising.
| State | Payment schedule due | Latest payment to a subbie | Where to check |
|---|---|---|---|
| NSW | 10 business days | 20 business days after the claim | Building Commission NSW |
| VIC | 10 business days | 20 business days after the claim | Building and Plumbing Commission |
| QLD | 15 business days | 25 business days after the claim | QBCC |
| WA | 15 business days | 25 business days after the claim | Building and Energy |
| SA | 15 business days | Contract date; 15 business days if the contract is silent | SA Small Business Commission |
| TAS | 10 business days | Contract date; 10 business days if the contract is silent | CBOS Tasmania |
| ACT | 10 business days | 15 business days after the claim | ACT Government |
| NT | No schedule step; a written dispute notice is due in 10 working days if the contract is silent | 20 working days if the contract is silent, capped at 30 | NT Construction Contracts Registrar |
A contract can pay you sooner than these figures but cannot push you past a capped one. Two traps worth knowing: the windows for applying for adjudication are short, between 10 and 30 business days depending on the state and the situation, and in Queensland, SA, Tasmania and the NT the statutory clocks pause for part of the Christmas shutdown. Victoria's rules changed substantially on 15 April 2026: the old excluded-amounts bar is gone, so variations and delay costs are now claimable, payment terms are capped at 20 business days, and the Building and Plumbing Commission is the authority. Ignore older Victorian guidance.
Note Timeframes verified against each state and territory Act and authority in July 2026. Deadlines change, so confirm with the authority linked above before relying on one.
Insurance and SWMS as a subbie
Expect to show a certificate of currency for public liability before you are let on site, and to have a SWMS ready for any high-risk work. These are yours to hold as an independent business.
Set your subcontract rate
A subbie rate still has to cover your on-costs, downtime and profit, not just match a mate’s day rate. Work out the real number before you agree to a head contractor’s figure:
If you are the one hiring subbies
Running it the other way, protect yourself: verify each subcontractor’s ABN and current public liability, use a signed agreement, keep a SWMS register for the site, and do not manage them like employees. Treating a subbie as staff is exactly what turns an arrangement into sham contracting.
Frequently asked questions
Is a painting subcontractor an employee?
Not if the arrangement is a genuine business-to-business one: you run your own ABN, control how the work is done, supply your own tools, carry your own risk and can work for others. Labelling someone a subbie to avoid employee entitlements can be sham contracting under the Fair Work Act, so the substance of the arrangement matters more than the label.
Do painting subcontractors need their own insurance?
In practice yes. Head contractors and builders almost always ask for your own certificate of currency for public liability before you start, and you are responsible for your own cover unless the contract clearly says otherwise. If you employ anyone, workers compensation is separate and compulsory.
How do painting subcontractors get paid?
You invoice the head contractor under the agreed terms, usually with a valid tax invoice showing your ABN. On larger jobs you may make progress claims. Every state and territory has Security of Payment legislation that gives contractors a statutory right to progress payments and a fast adjudication path if a payment is disputed.
How long can a head contractor take to pay a painting subcontractor?
It depends on the state, but most cap it in business days counted from your payment claim: 20 in NSW and Victoria, 25 in Queensland and WA, and 15 in the ACT. In SA and Tasmania the contract sets the due date, with defaults of 15 and 10 business days if it is silent, and the NT implies 20 working days with a 30 working day cap. A contract can pay you sooner than a cap but cannot push you past it.
Do painting subcontractors need their own SWMS?
If your work includes high-risk construction work, such as a risk of falling more than two metres, a SWMS must be in place before it starts. On a managed site the head contractor coordinates safety, but as the business doing the work you are typically responsible for your own SWMS. Confirm who prepares it before you begin.