Hiring Overseas Workers in Australia: What the Fair Work Ruling Means for Employers
If you’ve ever hired a virtual assistant or remote contractor overseas, this one's for you.
A recent Fair Work Commission ruling has sent shockwaves through small businesses across Australia. In a groundbreaking case, a woman based in the Philippines successfully argued she was entitled to Australian employment protections - even though she wasn’t living here.
Why? Because she worked full-time hours, followed directions from an Australian business, and was functionally no different from an employee.
This ruling is more than a legal technicality; it’s a game changer for businesses outsourcing offshore.
The Rise of Offshore Hiring – and the Legal Grey Zone
Offshore hiring has absolutely exploded in recent years. With business owners under more pressure than ever to do more with less, bringing on international talent - especially from places like the Philippines, has become a smart, cost-effective way to scale. It’s efficient, accessible, and a brilliant way to find amazing people who can help level up your business.
But here's the problem: many business owners don’t realise they’ve accidentally created an employer-employee relationship with someone overseas.
If that person:
- Works consistent hours on your schedule (e.g. 9–5 AEST)
- Takes daily direction from you or your team
- Can’t subcontract their work or send a replacement
- Isn’t running their own business with multiple clients
Then legally speaking… you may not have a contractor. You might have an employee - and Fair Work is watching.
The Case That Changed Everything
In the recent case, Joanna Pascua, a remote paralegal based in Manila, worked directly for an Australian credit repair business. Despite being paid as a contractor, she was:
- Working regular Aussie business hours
- Assigned specific tasks by her manager
- Required to be available and online during set hours
When she was dismissed, she filed an unfair dismissal claim with the Fair Work Commission and won the right to be recognised as an employee under Australian law.
Fair Work’s ruling? The business had misclassified her role, and she was entitled to the same protections as any other Australian worker.
This includes:
- National minimum wage
- Unfair dismissal protections
- Anti-discrimination laws
- Potential underpayment claims
If you’re hiring remote workers direct, this decision puts your business squarely in the risk zone.
“But I Can’t Afford Local Wages!”
We hear this a lot, and we get it.
The economy’s tough. Hiring offshore can make a huge difference to your productivity and overheads.
But cost-saving can’t come at the cost of compliance.
The problem isn’t hiring offshore. The problem is hiring offshore the wrong way - with no protections, no structure, and no understanding of your obligations.
A Smarter, Safer Way to Hire Offshore Talent
At Revolution, we’re big supporters of virtual assistants and overseas team members. We have two incredible VAs who are both based overseas, and they’re a key part of our team and how we serve clients so well.
The key is doing it right.
We recommend:
- Using a trusted Australian partner (like us!) who work with compliant offshore hiring agencies
- Avoiding direct employment setups that mimic a local full-time job without providing proper entitlements
- Have a clear list of tasks ideally with written SOPs and a supportive onboarding process.
- Getting advice before you hire, not after things go wrong
It’s also worth remembering that working through a reputable offshore agency doesn’t just benefit the business, it’s often better for the team member too. Many agencies offer their staff extra training, tech support, in-person team days, and even celebration events that keep them connected to a local working community. That sense of belonging, development, and support makes a huge difference - not only in retention and performance, but in how confident and valued they feel working with your business.
We help clients do this every day. Whether you're bringing on your first VA or scaling an offshore team, we can connect you with trusted partners, sort out your job requirements, and protect your business from unnecessary legal risk.
Quick Takeaways
- Yes, you can hire offshore legally - but not if you treat them like full-time Aussie staff without the structure to match.
- The Fair Work Commission now recognises remote workers overseas as employees in certain cases.
- Hiring direct without safeguards could expose you to underpayment claims, unfair dismissal claims, or worse.
- Go through a local HR partner to do it right. We’ve got the contacts, contracts, and compliance covered.
FAQ: What Counts as a “Virtual Employee”?
If they work my business hours but invoice monthly, are they still a contractor?
Not necessarily. If they’re working set hours, following direct instructions, and are financially dependent on you, they may be seen as an employee under Fair Work principles.
Can I just pay them more and avoid the issue?
Paying above-market doesn’t change legal status. It’s about the working relationship, not the pay rate.
What if I use an offshore hiring agency?
Great move - as long as they have the right structures. Look for providers that support both you and the team member. We work with vetted partners to make sure you're covered from day one.
Want to Hire Offshore Without the Headache?
At Revolution Consulting Group, we:
- Help you hire VAs and remote workers the right way
- Provide contracts, compliance reviews, and setup support
- Work with reputable offshore agencies through our trusted partnerships
- Support your whole team - local and remote - with smart, people-powered HR
Contact us to talk about expanding your team - without the legal minefield.






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