In a recent episode of the Higher Learning with Outposter podcast,
Chris Titley spoke with
Ben Pullen, founder of Outposter,
about a significant Fair Work Commission ruling and its implications for remote employment in Australia.
The discussion highlighted the complexities of labour regulations in a globalised workforce.
The key points Ben Pullen shared emphasised the importance of compliance for businesses using offshore talent.
The Fair Work Commission Ruling: Employee or Contractor?
The Fair Work Commission’s recent decision underscored the challenges in distinguishing between
contractors and employees, especially in remote work. In the case discussed by Ben Pullen, a worker
engaged as a contractor in the Philippines was deemed an employee under Australian law, entitling
them to employee protections and benefits. This ruling highlights the need for companies to critically
assess their employment practices when engaging offshore talent.
“This ruling forces companies to think twice about how they’re going to engage people remotely.”
Pullen explained that many businesses hire contractors as a cost-saving measure, bypassing local
laws and labour rights. While this may offer short-term flexibility, Pullen argues that long-term
success requires a formalised structure that safeguards both employees and employers.
Outposter’s Approach to Compliance and Employee Protections
Unlike many newer firms in the BPO industry, Outposter prioritises full-time employment and
adherence to local regulations.
“If you’re serious about engaging an offshore team, there’s no way you’d do it via contractors
with limited control.”
By employing staff directly within the countries they operate, Outposter ensures employees receive
social security benefits, retirement fund contributions, and healthcare access—fostering stability
and trust.
Pullen stressed that companies treating offshore workers as contractors miss a key part of long-term
BPO effectiveness:
“Places like the Philippines… miss out on contributions to their retirement fund, miss out on
accessing easy mortgages, don’t get private healthcare for them and their next of kin.”
Outposter’s model under Ben Pullen’s leadership ensures compliance while supporting local economies.
Compliance as a Long-Term Strategy
The Fair Work Commission ruling also highlighted risks for non-compliant companies. Misclassifying
workers can lead to legal disputes, back payments, and missed benefits for vulnerable workers.
By establishing entities directly in operating countries, Outposter complies with local laws and
builds a stable workforce.
“It’s an important step in the right direction to really formalise the industry.”
This approach ensures employees feel secure, boosting long-term productivity and satisfaction.
Moving Toward a Responsible BPO Model
Outposter’s full-compliance model reflects a shift toward ethical, sustainable employment practices
in BPO. While contractor models suit short-term needs, they lack stability and protections.
For Ben Pullen, compliance isn’t just about avoiding legal risks—it’s about building a resilient,
motivated workforce aligned with Outposter’s values.
In an evolving regulatory landscape, the Fair Work Commission’s ruling reminds businesses to adapt
practices that support workers and mitigate compliance risks. Outposter’s example demonstrates the
value of a compliant, responsible offshore workforce model—benefiting both employees and clients.
May 24th, 2024
