Recent decisions by Fair Work Australia, including high-profile cases like Joanna Pascua’s, have dramatically changed the landscape for Australian businesses engaging overseas freelancers. If your business relies on international talent, it’s crucial to understand these new risks—and how to protect yourself.

The New Risks: Overseas Freelancers May Now Be Entitled to Australian Employee Benefits
Fair Work Australia’s latest rulings mean that if an Australian business hires an overseas freelancer, that worker may now be able to claim the same entitlements as a domestic employee. This includes:

Australian minimum wages
Paid holidays
Sick leave and maternity benefits
Superannuation
Other statutory entitlements

This development fundamentally changes the cost and compliance equation for businesses. What was once a flexible, cost-effective solution now carries the risk of significant backpay claims, compliance breaches, and legal complications.

Why This Matters for Your Business
Many Australian businesses have turned to overseas freelancers to stay agile and competitive. However, these new rulings blur the line between “freelancer” and “employee.” If you’re not careful, you could be exposed to unexpected financial liabilities and regulatory scrutiny.

How Phil Labor Protects Your Business
At Phil Labor, we specialize in helping Australian businesses navigate these complex compliance challenges. When you work with us, you’re not hiring freelancers directly—instead, you’re engaging with an Australian company that assumes the compliance risks and manages the relationship for you.

Here’s how we help:

Risk Mitigation: We assume the Fair Work Australia compliance obligations, shielding your business from unexpected claims.

Expert Management: Our team knows how to structure and manage overseas engagements to keep you protected.

Seamless Operations: You get the benefits of global talent without the compliance headaches.

Philippine Contract:  We employ staff under a Department of Labor and Employment (DOLE), Philippines-registered employment contract.  Your staff have no recourse to involve Fair Work Australia.

Don’t Let Compliance Risks Derail Your Business
The rules have changed, but your business can still thrive with the right partner. Don’t risk costly mistakes or legal trouble by hiring overseas freelancers directly. Let Phil Labor help you access global talent safely, efficiently, and in full compliance with Australian law.

Ready to protect your business and stay competitive?
Book your free, no-obligation consultation today.

Let’s keep your business growing safely, in full compliance with our laws!