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Guide

The Contractor Label Is Not a Shield

October 19, 2026

Nerissa Chaux
Nerissa ChauxCo-Founder and Chief Growth Officer
Filta

Executive Summary

Calling an offshore worker a contractor no longer protects an Australian employer, and the lesson reaches every business that hires across borders.

In Pascua v Doessel Group (2024, appeal refused 2025) and Digo v BikesOnline Australia (2026), the Fair Work Commission looked past the word “contractor”. It found that a Philippines-based paralegal and a Philippines-based accountant were employees of Australian businesses.