the Applicant v Satellite Office Solutions Pty Limited & Pepperstone Group Limited and Others
Citation: [2026] FWC 2068
What happened
the Applicant commenced work for Satellite Office Solutions Pty Limited, which is part of the Pepperstone Group Limited. He performed duties in the Philippines. The Applicant brought a claim to the Fair Work Commission. The central issue was whether he met the definition of an Australian-based employee for Fair Work purposes.
What was decided
the Commissioner found the Applicant was not an Australian-based employee. The decision stated that his contract was formed in the Philippines, and he performed his duties exclusively in the Philippines. Consequently, his claim was not able to proceed. The Commission did not award any penalty.
What it means for employers
Employers should carefully consider the location of contract formation and where work is performed when determining whether an employee is based in Australia for Fair Work purposes. This is particularly relevant for businesses with international operations.
What it means for employees
Employees working overseas, even for Australian companies, may not be covered by Australian workplace laws if their contract and work location are outside of Australia. It is important to understand the basis of your employment and applicable legal jurisdiction.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections