ARTICLE · 23 FEBRUARY 2021

How to hire employees who live overseas

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Explanation of when the FWA will cover an overseas worker & how to comply. Also considers local industrial law which may apply.

AustraliaEmployment and HR

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More employers than ever before are opting to engage overseas workers, especially now that Australian workers are increasingly working from home. Reasons to do so include:

accessing talent;
existing workers moving overseas; and
reducing the cost of labour.

Suppose you are an employer considering this approach. In that case, it is important to consider how you will hire overseas workers. Here, you must ensure you are complying with both Australian laws and any laws overseas which may apply. This article explains when the Fair Work Act 2009 (Cth) (FWA) will cover an overseas worker and how to comply with it when deciding how you engage workers. This article also considers local industrial law which may apply to the relationship.

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