05/08/2026
Thinking of hiring a VA or bookkeeper directly overseas?
A recent Fair Work Commission ruling is an important reminder that calling someone a “contractor” does not automatically make them one — even when they are working from another country.
In this case, a Philippines-based worker engaged by an Australian business was found to be an employee because of how the working relationship operated.
Things that may point towards employment include:
☑️ You set their working hours
☑️ You direct and supervise their work
☑️ They work as part of your internal team
☑️ They use your systems and processes
☑️ They mainly or only work for your business
☑️ They have little control over how the work is performed
If they are found to be an employee, the business could potentially face claims relating to minimum wages, employee entitlements and unfair dismissal.
Before hiring a VA or bookkeeper directly, make sure the arrangement is structured correctly and obtain appropriate employment and legal advice.