AI Summary
Hiring a marketing VA can feel like the easiest way to finally get marketing off your plate.
But if you are hiring a VA in Australia or offshore, there are important legal and HR considerations business owners need to understand.
In Australia, calling someone a contractor does not automatically make them one. The Fair Work Ombudsman explains that sham contracting can happen when an employee is incorrectly represented as a contractor, and businesses may face penalties if they get this wrong.
This blog explains what business owners need to know before hiring a VA, why contractor agreements do not always protect you, how VA agencies can reduce risk, and why strategy, onboarding, and role clarity matter if you actually want your marketing support to work.
“I Just Need a VA” Can Become a Very Expensive Sentence
So many business owners reach the same point.
They are busy.
They are overwhelmed.
They are sick of doing the marketing themselves.
So they think:
“I just need a VA.”
And yes, sometimes you do need support.
But hiring a marketing VA without understanding the legal, HR, and operational side can create more stress than it solves.
Because the problem is usually not just that you need another pair of hands.
The problem is that your marketing has no clear strategy, no implementation plan, no proper onboarding process, and no clear role structure.
That is when business owners end up hiring, firing, rehiring, retraining, and still carrying the marketing in their own head.
What Is Sham Contracting?
Sham contracting is when a worker is treated as a contractor, but the working relationship looks more like employment.
The Fair Work Ombudsman says sham contracting can happen when an employer misrepresents an employment relationship as an independent contracting arrangement. It is illegal and can be used to avoid employee entitlements such as leave, superannuation, and workers’ compensation.
This matters if you are hiring a VA because it is not just about the title you give them.
It is about how the relationship actually works.
Things that can raise questions include:
- Whether you control their hours
- Whether they work mainly for you
- Whether they are embedded in your daily business operations
- Whether you direct how the work is done
- Whether they look and behave like part of your team
A written contractor agreement can help clarify expectations, but it does not magically override the real nature of the relationship.
“But They Signed a Contractor Agreement” Is Not Always Enough
This is one of the biggest misunderstandings I see.
A business owner may say:
“But they signed a subcontractor agreement.”
That does not always mean you are fully protected.
Australian workplace law looks at the substance of the relationship, not just the label. From 26 August 2024, changes to the Fair Work Act introduced a new definition of employment, and for many businesses, the “whole of relationship” must be considered when deciding whether someone is an employee or contractor.
So if your VA is treated like an employee in practice, a contract saying “contractor” may not be enough.
This is why it is so important to get proper legal or HR advice before engaging someone directly, especially if they are working regular hours, reporting into your business, and performing ongoing tasks.
What About Offshore VAs?
A lot of Australian business owners assume offshore support is automatically safer.
They think:
“They are in the Philippines, so Australian employment law does not apply.”
But that can be a risky assumption.
A recent Fair Work Commission case involved Joanna Pascua, a Philippines-based remote legal assistant engaged by a Queensland business. The Commission considered whether she was an employee or independent contractor, and later ordered $10,800 compensation after finding she had been unfairly dismissed.
This does not mean every offshore VA will be treated as an Australian employee.
But it does show that offshore arrangements can still be examined closely, especially where the business controls how the work is performed and the worker is integrated into the business.
So again, it comes back to this:
It is not just where the person lives.
It is how the relationship is structured.
Why VA Agencies Can Offer Protection
This is where VA agencies can be valuable.
A good VA agency usually gives business owners more protection because the agency is the service provider.
The agency may handle:
- Recruitment
- Contracts
- Payroll
- HR
- Training
- Replacement support
- Performance management
That can create a buffer between the business owner and the worker.
Instead of directly hiring an offshore subcontractor and trying to work out the legal, HR, and management pieces yourself, you engage an agency that already has systems around those things.
Of course, not all VA agencies are equal.
You still need to ask questions about:
- How they engage their VAs
- What legal protections are in place
- What happens if the VA leaves
- Whether they provide training
- How performance is managed
- What support the business owner receives
But in many cases, a reputable VA agency can reduce some of the risk, especially for business owners who do not want to manage the full hiring and HR process themselves.
But a VA Agency Alone Will Not Fix Your Marketing
This is the part I really want business owners to understand.
Even if you hire through a VA agency, that does not automatically mean your marketing will work.
Why?
Because most VAs are not marketing strategists.
They may be brilliant at implementation.
They may be great with Canva, scheduling, admin, inboxes, social media, research, blogs, or email setup.
But if you do not give them a clear marketing strategy, they are forced to guess.
And that is where the wheels fall off.
You end up with:
- Pretty posts that do not convert
- Blogs that do not connect to offers
- Emails that are inconsistent
- Social media activity without lead generation
- A VA asking you for direction every week
- You still being the bottleneck
This is not usually because the VA is bad.
It is because the business owner has not given them the strategy, structure, and support needed to succeed.
This Is Where We Are Different
We are not a VA agency.
We do not place VAs.
We do not manage employment contracts.
We do not give legal advice.
What we do is help business owners make their VA, marketing assistant, or in-house marketing support actually work.
We act as the bridge between the business owner and the person implementing the marketing.
Because the truth is, most business owners do not just need a VA.
They need:
- A marketing strategy
- A clear implementation plan
- Defined weekly priorities
- A proper onboarding process
- Systems
- Role clarity
- Accountability
- Someone guiding the marketing direction
That is where we come in.
How We Help Business Owners Hiring Marketing Support
We help business owners who are ready to get marketing off their plate, but do not want to waste more time, money, or energy hiring the wrong person.
We help them work out whether they need:
- Half-day marketing support
- Full-day marketing support
- A VA
- An in-house marketing assistant
- A marketing doer already inside the business
- Or a combination of support
Then we create a personalised marketing strategy and implementation plan so that person knows exactly what they are doing.
Not random tasks.
Not “just post something.”
Not “can you make this look nice in Canva?”
But a structured plan that connects marketing activity to actual business growth.
The Fractional Marketing Strategist Role
This is one of the biggest missing pieces in most small businesses.
They hire a VA and expect them to lead the marketing.
But a VA is usually there to implement.
Someone still needs to decide:
- What the message is
- What the offer is
- What the customer journey looks like
- What lead generation pathway is being built
- What email nurture is needed
- What content themes matter
- What should be tracked
- What should be improved
That is the strategy layer.
That is what a fractional marketing strategist provides.
And that is the role we play.
We help the business owner stop carrying everything in their head, while also helping the VA stop guessing by giving them their hour by hour daily tasks to run their personalised strategy.
The Real Cost of Hiring Without a Strategy
The cost of hiring the wrong way is not just the hourly rate.
It is:
- The time spent recruiting
- The time spent training
- The time spent fixing work
- The time spent explaining the same thing again
- The stress of managing someone without a plan
- The lost leads from inconsistent marketing
- The lost sales from poor follow-up
- The emotional exhaustion of starting again
This is why so many business owners say:
“I’ve had VAs before and it didn’t work.”
But often, the truth is:
The VA was never set up to win.
Before You Hire a Marketing VA, Ask These Questions
Before hiring a VA in Australia or offshore, ask yourself:
- Do I understand the legal difference between an employee and a contractor?
- Have I received proper legal or HR advice for this arrangement?
- Am I engaging them directly or through an agency?
- Do I know what marketing tasks I actually want to delegate?
- Do I have a strategy for them to implement?
- Do I have systems and processes ready?
- Do I know who will manage and guide them?
- Do I know what success looks like in the role?
Because hiring support without answering these questions is where problems begin.
A Quick Legal Disclaimer
This blog is general information only and is not legal advice.
Employment law, contractor arrangements, offshore hiring, tax, superannuation, and HR obligations can be complex and depend on your specific situation.
Before engaging a VA directly, especially as a contractor, speak with an employment lawyer, HR professional, accountant, or the appropriate government body.
You can also refer to the Fair Work Ombudsman and business.gov.au for general guidance on employee and contractor obligations.
The Goal Is Not Just to Hire a VA
The goal is not to say:
“I finally hired someone.”
The goal is to say:
“My marketing is finally being implemented properly.”
That only happens when the legal structure, role clarity, marketing strategy, onboarding, and implementation plan all work together.
A VA can be an incredible asset.
A VA agency can provide protection and support.
But if you want marketing that is meaningful, profitable, and easy to manage, someone still needs to guide the strategy.
That is the bridge we provide.
Want Help Hiring or Supporting a Marketing VA?
If you are tired of hiring, firing, and rehiring…
Or you want marketing support but do not want to make another expensive mistake…
You have a few options.
Email us if you would like an introduction to VA agencies we know and trust.
Book a call if you want to chat about the right structure for your business.
Download our Marketing Delegation Checklist if you want to see what marketing tasks can and should be handed over.
Because getting marketing off your plate should not create more stress.
It should give you more clarity, consistency, and confidence.
