Phil Labor is an Australian-owned entity managing a dedicated workforce in the Philippines. Our operational employment philosophy regarding overseas contractors is distinct: We enforce strict compliance with Philippine Law as our legal baseline, while voluntarily applying Australian ethical standards to drive prosperity and well being throughout our team.

When using 3rd party suppliers either domestically or internationally, and when exporting our services from Australia, we take Australian business standards seriously, viewing ourselves as global ambassadors representing the spirit of Australia.

1. Australian Supplier Payment Code

Phil Labor is committed to the Australian Supplier Payment Code (Business Council of Australia). We recognize the importance of healthy cash flow for the Australian small business ecosystem.

• Our Commitment: In accordance with the Code, we commit to paying eligible Australian small business suppliers within 30 days of receiving a correct invoice. Unless there are strong mitigating circumstances this applies to all business suppliers regardless of domicile or size.
• Verification: This policy as written applies to Australian suppliers with an annual turnover of less than $10 million AUD. Phil Labor voluntarily extends this to all suppliers globally, regardless of size unless strong mitigating circumstances are present. In all cases, we remain in full transparent communication with our suppliers and creditors. We believe in making full payments as quickly as realistically possible.

2. Commonwealth Supplier Code of Conduct (2024)

Phil Labor voluntarily aligns its operations with the Commonwealth Supplier Code of Conduct (effective 1 July 2024), with specific clarifications regarding cross-border entitlements:

• Clause 3.4 (Employee Rights & Entitlements): We ensure personnel receive correct entitlements on time.
  • Offshore vs Domestic employment: We make a distinction in that Philippines team members are employed through verified local partners considered an Employer of Record. We use our influence to ensure that all local employment rules are followed, while voluntarily enhancing working conditions with the spirit of Australian employment principles.
  • Statutory Auditing (The “Anti-Skimming” Policy): We recognize that some offshore payroll providers deduct contributions but fail to remit them. Phil Labor actively audits our Philippine partners to ensure that Social Security System (SSS), PhilHealth, and Pag-IBIG contributions are fully remitted to the relevant government bodies. We ensure staff are building their local safety nets.
  • Clarification on Superannuation: Offshore staff are not entitled to the Australian Superannuation Guarantee. Instead, we enforce strict compliance with the local Philippine equivalent (SSS).
• Clause 3.2 (Involuntary Labour & Economic Freedom): We actively encourage financial independence. Unlike agencies that attempt to “shackle” employees through debt or restrictive contracts, our goal is to upskill our team members to the point where they no longer need us. We believe retention should be driven by culture and compensation, not coercion.

3. Privacy & Cross-Border Data Liability

We differ from many Business Process Outsourcing (BPO) companies by accepting accountability for data handling.

• Australian Privacy Principle 8 (APP 8): Pursuant to APP 8.1 of the Privacy Act 1988 (Cth), we take reasonable steps to ensure our offshore operations comply with Australian Privacy Principles. (View APP 8 Guidelines)
• Section 16C Accountability: Phil Labor remains accountable for the acts and practices of our overseas team. We do not use the “overseas contractor” loophole to avoid liability for data breaches. As per Section 16C of the Privacy Act, an act done by our overseas recipient is taken to have been done by Phil Labor. (View Legislation)
• Activity Monitoring: We utilise activity monitoring strictly for productivity and security compliance (in line with APP guidelines). We do not engage in invasive surveillance (e.g., webcam monitoring or “Big Brother” style tactics) inside employees’ private homes. We may keep logs of screen activity for the purpose of retroactive investigation; this is not for active monitoring but is used as a safety net if required. These logs are kept in dedicated secure servers outside of the daily working ecosystem. Under APP guidelines, all users are informed of the extent of the monitoring before accepting equipment.

4. Jurisdictional Clarity & Entitlements

To ensure absolute clarity for all parties, we define the boundary between our Legal Obligations (Philippines) and our Ethical Policies (Australia).

• Legal Jurisdiction: Unless an employment contract is explicitly executed under the laws of Victoria, Australia (for onshore staff), no Australian statutory entitlements apply.
• Exclusions: Offshore staff are not eligible for the Australian Minimum Wage, the Australian Superannuation Guarantee, or Australian unemployment benefits (Centrelink).
• Governing Law: All employment disputes, statutory claims, and labor relations are governed exclusively by the Labor Code of the Philippines between the employee and their employer of record.
• The “Ethical Overlay” (Voluntary Benefits): While not legally required by Australian Law, Phil Labor voluntarily offers “Australian-style” benefits within the Philippine contract to promote fairness. This includes:
  • Leave Loading: Additional sick and vacation leave days that exceed the Philippine minimums.
  • Cash-Out Options: The flexibility to “cash out” unused leave, aligning with the Australian philosophy of paying for time earned.
  • Fair Work Mentality: We apply the principles of fairness found in the Fair Work Act (e.g., protection from bullying, fair dismissal processes) as internal company policy, even though the Act itself has no extraterritorial jurisdiction.

5. Consumer Protection & Fair Trading

Phil Labor believes that Australian businesses deserve the same protections when buying offshore services as they do when buying local. We do not hide behind complex cross-border jurisdiction clauses to avoid our obligations.

• Voluntary ACL Alignment: While many B2B service contracts attempt to exclude Australian Consumer Law (ACL) guarantees, Phil Labor voluntarily accepts the principles of the Competition and Consumer Act 2010 (Cth).
• Guarantee of Acceptable Quality: We guarantee that our services will be rendered with due care and skill and will be fit for the specified purpose.
• Remedy for Service Failures: If our service fails to meet these guarantees, we offer remedies (re-performance or refund) in line with ACL standards, rather than hiding behind “best effort” clauses.
• Trade Practices Compliance Program: We maintain an active internal Compliance Program modelled on the ACCC’s flexible compliance templates. This program ensures that our marketing, sales, and operational staff are trained to:
  • Avoid misleading or deceptive conduct (Section 18 of the ACL).
  • Ensure all testimonials and claims are verifiable.
  • Respect unfair contract terms protections for small business clients.
• Transparent Pricing Guarantee: In strict adherence to Single Pricing provisions (ACL Section 48), we practice “Total Price” transparency.
  • No Drip Pricing: We do not advertise a low “hourly rate” only to add mandatory “seat fees,” “management levies,” or “infrastructure charges” at the checkout.
  • All-Inclusive: Our quoted rates include the staff member’s salary, government contributions, health insurance, equipment usage, and management fees. The price you see is the total price you pay.

6. Dispute Resolution & International Jurisdiction

To provide certainty and security for our global client base, Phil Labor maintains a clear jurisdictional framework that protects both parties:

• Standard ANZ Clients (The “Local” Guarantee):
  For all standard service agreements within Australia and New Zealand, we submit to the exclusive jurisdiction of the Courts of Victoria and the Federal Courts of Australia. You are dealing with an Australian entity, governed by Australian law, providing you with local legal recourse.
• International & Enterprise Clients (The “Global” Standard):
  For clients located in the USA, UK, or EU, Phil Labor is equipped to enter into agreements governed by the International Chamber of Commerce (ICC) Rules of Arbitration.

   

  • We support neutral-venue arbitration (e.g., Singapore) to ensure a fair legal playing field for cross-border partnerships.
  • This ensures that disputes are resolved efficiently by experts in international commercial law, rather than through complex and costly foreign court systems.

Level 1 (Voluntary Adoption)

Entity: The Trustee for Phil Labor Unit Trust (trading as Phil Labor)
ABN: 67 626 399 370
Date of Adoption: January 2nd, 2026

1. Commitment to Compliance
Phil Labor voluntarily establishes this Competition and Consumer Law Compliance Program (Compliance Program) to ensure strict adherence to the Competition and Consumer Act 2010 (Cth) (CCA) and the Australian Consumer Law (ACL). This program is adopted proactively to ensure high standards of fair trading, transparency, and consumer protection in our B2B outsourcing services.

2. Staff Training and Induction

• Director Training: The Director of Phil Labor will complete the ACCC’s Small Business Education Program to ensure top-level commitment.
• Staff Training: All permanent employees with client-facing responsibilities will complete relevant ACCC education modules within 90 days of commencing employment.

3. Complaints Handling System (“The Fair Play Policy”)

Phil Labor maintains a formal procedure for identifying and responding to consumer law complaints. Our internal policy aligns with the ACL guarantees regarding due care and skill.

3.1 Principles of Resolution

• “Own It” Policy: If Phil Labor is found to be in error (e.g., service failure, administrative error, or staff non-performance), we are committed to remediation. This may include partial/full refunds, service credits, or replacement of staff at no recruitment cost.
• Defense Against Malice: While we strive for amicable resolution, Phil Labor reserves the right to defend itself against claims found to be vexatious, frivolous, or made in bad faith.

3.2 Complaint Process

• Lodgement: Clients may lodge formal complaints via support@phillabor.com
• Response: We acknowledge complaints within 2 business days and aim to provide a substantive resolution within 14 days.

4. Record Keeping

Phil Labor will maintain copies of all Compliance Program documents (Training Certificates, Complaints Register) for a period of not less than 5 years. These records are available for internal review to ensure continuous improvement.

5. Annual Review

Phil Labor will promptly implement any recommendations that the ACCC considers reasonably necessary to ensure the program remains effective.

Approved by the Board of The Trustee for Phil Labor Unit Trust, January 2nd, 2026