The rise in remote work and offshoring for Australian employers has meant that courts and tribunals have increasingly turned their minds to the issues that arise when engaging staff overseas. The recent Fair Work Commission decision in Sanderson v Brightest Australia Pty Ltd [2026] FWC 1633 (Sanderson) demonstrates that the Fair Work Act 2009 (Cth) (FW Act) may apply well beyond Australia’s physical borders, with significant consequences for employers who assume otherwise.
At the centre of this shift is not where the employee works, but ‘how’ and ‘where’ the employment relationship is formed.
Sanderson v Brightest Australia Pty Ltd [2026] FWC 1633 (Sanderson)
In this matter, the Commission was required to determine whether the applicant, Mr Sanderson, working entirely outside Australia, could bring an unfair dismissal claim under the FW Act.