Date published: 24 February 2026 | Author: Nina Rossi

Many Australian businesses are exploring overseas hiring to cut costs. But recent developments show this can create unexpected obligations.

Fair Work has confirmed that if an Australian business directly engages someone overseas, that worker may be treated as an Australian employee. This means they could be entitled to the full range of rights and benefits under Australian law, including minimum employment standards and, where relevant, award entitlements.

For business owners, this raises important questions. Cost savings might disappear if you are suddenly responsible for employee entitlements. Beyond financial impact, there are compliance risks if obligations are overlooked.

What should you consider?

• How you structure the engagement: is it direct, or through a third-party arrangement?
• Whether the role falls under an award or minimum standards.
• The long-term sustainability of overseas hiring compared with local options.

Thinking through these issues now can save you from costly disputes later.

You’re in control when you understand your legal position. Contact Rossi Law today to get the clarity and advice you need to move forward.

Legal Disclaimer: This blog is based on a video recorded by Rossi Law. It was first drafted with AI-assistance and reviewed by Rossi Law before publication. It provides general information only and is not legal advice. Please seek advice for your specific situation.