YOUR OFFSHORE STAFF MAYBE “EMPLOYEES” UNDER AUSTRALIAN LAW
A recent Fair Work Commission ruling found a Philippines based worker was an employee, not a contractor — exposing some Australian firms to unfair dismissal, minimum wage and backpay claims and compliance risks.
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THE FWC DECISION HAS CHANGED OFFSHORE ENGAGEMENTS
In the landmark decision of Pascua v Doessel Group, the FWC found that a Philippines-based paralegal who was labelled an independent contractor was in fact an employee under the Fair Work Act 2009.
What this means for your business:
Even if your offshore staff are outside Australia, you may still have employment-law exposure.
Calling someone a “contractor” isn’t enough. It’s how the relationship works in practice that matters.
If a contractor is mis-classified and treated like an employee, you could be liable for back-pay, minimum wages, leave entitlements, unfair dismissal claims, and reputational damage.
COULD THIS HAPPEN TO YOU?
Do your offshore staff:
Work set hours aligned to your Australian business hours
Use your systems, tools and company email
receive daily instruction and supervision by your Australian team
Not have the ability to delegate or subcontract their work
Then they might already be employees under Australian law.
TalentBridge makes offshore teams safe, compliant, and scalable
By transitioning your existing offshore team into our Employer of Record (EoR) solution, we handle your teams contractor agreements, HR and payroll — keeping your offshore team compliant with minimal impact to your bottom line.
Transition your independent contractors
Lift and shift your teams employment conditions and benefits into TalentBridge's EoR solution
Offshore payroll & local compliance oversight
Risk-free EoR from AUD $295 per person per month
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Australian company with Australian account
management
“TalentBridge made the transition of our 12 person offshore team safe and easy. Now we scale confidently without the risk or the stress.”
CPA firm, Queensland
“Very happy I am no longer exposed to the FWC ruling. My team transitioned seamlessly as their existing employment conditions were lifted and shifted into TalentBridge's EoR solution — no risk, and hassle free.”
Mortgage Broker, NSW
This content is provided for general information only and does not constitute legal advice. Australian businesses engaging offshore contractors should seek independent legal or employment-law advice in relation to their specific circumstances. The case of Pascua v Doessel Group is indicative of risks but does not guarantee any future outcomes.
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