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Fences are pretty important, they contribute to our privacy and security. As great as fences are, very few people have the time, skill or knowledge to safely put their own fences up.
So, if you’re one of the lucky few that do happen to know about fencing, then starting your own fencing company might be something you have been thinking about.
If this is the case, then you’ve landed on the right article.
There’s more to starting a fencing company than simply collecting materials and completing the job. No matter how great your fences are – your fencing company won’t survive unless you’ve properly set up and protected your company.
Unsure of where to start? We’re here to help – keep reading to learn more.
What Is A Fencing Company?
As the name suggests, a fencing company is typically a company that builds and installs fences. However, your company might provide other services, such as dismantling old fences, repairing fences or painting fences. Exactly what services your fencing company will be offering is something you’ll need to figure out before starting your company.
While you’re at it, make clear plans for all other aspects of your company. For instance, think about what locations your fencing company will provide its services in, how much it will charge, where you will be purchasing materials from, marketing ideas and anything else that’s relevant.
Preparation is key. Do your due diligence and put all your research down in a business plan so you’ll always have something to keep you on track.
How Do I Start My Own Fencing Company?
The process for starting a fencing company begins with the Australian Securities and Investments Commission (ASIC). As a company is a legal entity on its own, the registration for a company is somewhat more complex compared to other business structures.
On the plus side, a company offers more legal protection as you’ll have limited liability. Company’s can exist on their own, so they don’t need to be attached to you personally. A company has the ability to be involved in court matters, incur debt, earn a profit, own or sell property – essentially many of the things a regular person can also do.
As such, when setting up a company it’s imperative everything gets done right. It’s always a wise idea to have the help of a legal expert when registering your company. You’ll need to sort out matters like who your officeholders will be, how the company will be governed and what kind of company structure you will have – an expert’s guidance is very beneficial during this process.
Needless to say, how you register your company will form the foundations your fencing company will grow on. Therefore, it’s important your company is registered the right way. We’ve written more about the process of starting a company in our article, Steps to Incorporate Your Small Business In Australia.
Will I Need Any Legal Documents For My Fencing Company?
After your company has been properly registered, the next phase of starting your fencing company is to get the right legal documents that will protect it. You’ll need to chat with a legal expert to find out exactly which legal documents your fencing company will require. Getting advice that’s especially catered to your company as opposed to generic advice is the best way to ensure your fencing company is sufficiently protected from every angle.
For the moment, we’ve listed a few legal documents that are commonly required when starting ventures like a fencing company.
Service Agreement: A service agreement is a contract between you and your clients. A service agreement is signed before you begin any work for the client and sets out matters such as scope of work, payment, warranties and the rights of each party. If a misunderstanding occurs, it’s always handy to be able to look back at a well drafted contract.
Employment Agreement: When you decide to hire staff to work in your fencing company, then it’s imperative to have a contract in place with them. It doesn’t matter if the staff member has been hired to answer phones or work on fences, employee rights and responsibilities such as payment, leave, breaks, duties should be cemented in a formal agreement.
Supply Agreement: Getting the right materials on time is imperative to sufficiently running your fencing company. If you’re going to be working with a supplier, then it’s important to ensure you both agree on matters such as delivery times, costs and the liabilities of each party.
What Laws Apply When Starting A Fencing Company?
An important factor to consider when starting and running your fencing company, is that your company should be legally compliant at all times. That means, knowing what laws apply to your company and ensuring your company’s practices are always compliant with them.
We’ve listed a few regulations you’ll need to look out for as you start your fencing company.
Australian Consumer Law (ACL)
As you’ll be providing a service to your clients, it’s of utmost importance to understand your obligations under the ACL. The ACL determines the rights consumers have in the market such as:
- Fair pricing
- Misleading information
- False advertising
- Product or service quality
- Warranties and refunds
- Unfair contracts terms
To avoid fines, a bad business reputation and even legal penalties, you will need to have a solid understanding of your fencing company’s obligations under the ACL. You will also need to establish internal company policies that are in line with the ACL’s requirements. ACL is a pretty big area of law and figuring it all out by yourself is a difficult task! Get in touch with a legal expert in ACL compliance that can help you out.
Data and Privacy Law
As the founder of a fencing company, you’ll have access to the information of staff, clients and even other business organisations you interact with. All of these groups of people have placed trust in your company regarding their information – you’re required to take reasonable steps to protect it.
There are certain legal instruments, such as a Data Breach Response Plan you can utilise to make sure your company is taking privacy seriously. Other legal measures, such as having a Privacy Policy in place, are required if you have a website that collects any kind of private information. It’s highly advisable to chat with a legal expert in data and privacy to get the right kind of guidance for your fencing company.
Employment Law
There’s a chance you’ll want to hire staff to work alongside you in your fencing company. Having an expanding team is an exciting time for any company however, it’s important to remember your duties as an employer. Employees have workplace health and safety rights as well as minimum standards that need to be met under Fair Work laws.
Understanding your duty towards your employees is not only important for legal compliance however, it’s necessary to foster a healthy workplace environment. Talking to a legal expert about employment law compliance and getting legal documents such as Staff Handbooks and custom Workplace Policies professionally drafted can bring you a step closer to running a workplace that upholds the rights of each employee.
Keep in mind, there are certain laws that will be industry and location specific, such as getting certain permits or licences. Other laws however, generally apply to most companies in Australia (those are the ones we listed above).
To get a better understanding of the specific laws and regulations you need to be aware of when starting a fencing company, it’s important to chat with a regulatory compliance expert. They’ll be able to provide an understanding of the exact laws that apply to your fencing business.
Next Steps
Starting a fencing company can be a great business venture however, it’s important to take care of the legal considerations at each phase. That way, you’ll be able to run a well protected, legally compliant company. To summarise what we’ve discussed:
- A fencing company installs, repairs, and may offer additional services like painting fences, requiring clear planning on services offered, pricing, and market locations
- Registration of your fencing company involves legal procedures with the Australian Securities and Investments Commission (ASIC), offering benefits like limited liability but requiring meticulous setup with legal guidance
- Legal documents are crucial; they include service agreements with clients, employment agreements with staff, and supply agreements with vendors to ensure clear terms and prevent disputes
- Compliance with Australian Consumer Law (ACL) is mandatory to ensure fair trading practices like accurate advertising and quality assurance, avoiding legal penalties
- Data and privacy laws require robust policies to protect the personal information of clients, staff, and partners, necessitating a comprehensive privacy policy and data breach response plan
- Employment laws mandate a safe and fair working environment, making it essential to understand employer obligations under Fair Work laws and implement appropriate workplace policies
- Consultation with legal and regulatory experts is advised to navigate specific legal requirements and industry regulations effectively, ensuring the company operates within legal boundaries
If you would like a consultation on starting a fencing company, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
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