Yes. The Australian Financial Complaints Authority (AFCA) defines a small business as an organisation with fewer than 100 employees, so a cleaning business with 99 employees is below the ordinary threshold (figures checked 1 October 2026). However, AFCA says it cannot consider a complaint if the relevant group of related companies has 100 employees or more, so the related-group count must also remain below 100.
What does 99 employees establish under AFCA’s ordinary test?
A cleaning business with 99 employees meets the employee-number part of AFCA’s ordinary small-business definition. That alone does not guarantee that AFCA can consider a particular complaint.
| Check | AFCA’s position |
|---|---|
| Ordinary small-business employee count | Fewer than 100 employees |
| Cleaning business with 99 employees | Below the ordinary threshold |
| Relevant related group with 100 employees or more | AFCA cannot consider the complaint |
| Employee numbers fluctuating around the threshold | AFCA requires substantiation of the count at the time of the relevant events |
Must the related-group count also stay below 100?
Yes. AFCA’s restriction applies to the relevant group of related companies, not just the employee count of the cleaning company making the complaint.
A figure of 99 for the cleaning company in isolation therefore does not settle the issue if the business belongs to a wider related group. The relevant group must also remain below 100. This is why an employee register or group structure may matter when the business is close to the threshold.
What evidence is needed when staffing is close to the threshold?
AFCA says the position is clear for most businesses. When employee numbers fluctuate around the threshold, however, AFCA will require substantiation, such as wage records, showing the number of employees at the time of the events giving rise to the claim against the financial firm.
The relevant evidence is therefore the employee count at the time of those events, not merely a current staffing figure. Keeping accurate wage and payroll records from the relevant period can help substantiate the count.
Does meeting the employee test settle AFCA eligibility?
No. The employee threshold is only part of the eligibility assessment. The financial product, nature of the dispute and other requirements under AFCA’s Rules must also be considered.
There are different rules for particular organisation types:
| Organisation or complaint | AFCA position |
|---|---|
| Ordinary small business | Organisation has fewer than 100 employees |
| Registered charity | AFCA can consider its complaint regardless of employee count or whether it carries on a business |
| Not-for-profit organisation or club that is not a registered charity | It must carry on a business and have fewer than 100 employees |
For an insurance complaint, AFCA says its jurisdiction over general insurance products is limited by reference to the product type. Check both AFCA’s current small-business guidance and the policy’s Product Disclosure Statement before assuming the complaint is within scope.
How can the complaint be lodged and what happens next?
If you are unsure whether the complaint is within AFCA’s scope, AFCA recommends submitting the information anyway so it can review the matter and discuss it with you. AFCA’s service is free to access.
| Lodgement channel | Details |
|---|---|
| Online | Use AFCA’s online complaint form. Creating an account allows the complaint to be managed throughout the AFCA process. |
| Live Chat | Available Monday to Friday from 8am to 6pm for questions or help completing the form. |
| PDF form | The complaint form can be downloaded, printed and completed. |
| Send the complaint form or enquiries to info@afca.org.au. | |
| Telephone | Call 1800 931 678 free. AFCA states availability is 8am–6pm AEDT/AEST Monday to Friday. |
| Post | AFCA also accepts complaints by post. |
After lodging, AFCA generally follows this process:
- It refers the complaint to the financial firm.
- The financial firm reviews the complaint and attempts direct resolution within a set timeframe.
- If the complaint remains unresolved, AFCA progresses it for further consideration.
- AFCA may seek a settlement through methods such as negotiation and conciliation.
- AFCA may provide a preliminary assessment. If the complainant rejects that assessment, AFCA makes a determination, which is binding on the financial firm.
This is general information, not financial or legal advice. Check AFCA’s regulator page and your policy’s PDS for the current position.
Sources
FAQ
Does 99 employees meet AFCA’s ordinary small-business threshold?
Yes. AFCA defines an ordinary small business as an organisation with fewer than 100 employees, so a cleaning business with 99 employees is below that threshold.
Must the relevant related group also be below 100?
Yes. AFCA cannot consider a complaint if the relevant group of related companies has 100 employees or more. A count of 99 for the cleaning company alone may not answer that question.
What records may AFCA request near the threshold?
If employee numbers fluctuate around the threshold, AFCA requires substantiation, such as wage records, showing the employee count when the events giving rise to the complaint occurred.
Does 99 employees guarantee a particular AFCA outcome?
No. It satisfies the ordinary employee-number test only. AFCA must still assess whether it can consider the particular financial product and dispute, and any later determination depends on the complaint’s merits.
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