Employers warned over dodgy job ads after doubling of fines issued
The Fair Work Ombudsman has warned employers against advertising jobs at illegal pay rates, after making wrongdoers pay more than $185,000 in fines since the start of laws banning dodgy ads.
In 2024-25, the FWO issued 318 Infringement Notices (fines) to employers advertising jobs with unlawful rates of pay, and employers paid $111,306 in penalties. This was more than double the number of fines of the previous year; in 2023-24, the FWO issued 156 Infringement Notices for this contravention, which cost employers almost $74,000.
Advertised pay rates must meet the minimum rates required by an industrial instrument such as an award or enterprise agreement, or the National Minimum Wage if no award or agreement applies.
Fair Work Ombudsman Anna Booth said the workplace regulator is intent on stopping wage underpayments at the earliest possible moment.
“Stamping out job ads that offer dodgy pay rates prevents workers from being underpaid from the get-go and ensures a fair playing field for businesses that are doing the right thing,” Ms Booth said.
“Employers have the clear obligation to advertise only lawful pay rates, and those doing the wrong thing are being hit with fines.
“Prevention is better than cure so the FWO has also met with the major job platforms and called on them to increase their efforts to prevent unlawful job ads appearing,” Ms Booth said.
Examples of fines issued over dodgy job ads during 2024-25 include:
- The FWO issued an Infringement Notice of $660 to a fast food outlet for advertising for casual kitchen hands starting at the rate of $17 per hour, about $15 per hour below minimum award rates. The employer paid the fine and removed the job ad.
- The FWO fined a sole trader disability support industry employer for advertising on a job platform for a casual disability support worker, with experience in working with complex clients, at a rate of $22 per hour. This was about $10 per hour below minimum wage rates.
As well as paying the fine of $313, the employer changed the job ad to be compliant with minimum wages. - The FWO issued a $330 fine to a restaurant for advertising for a full-time/part-time kitchen hand at $12-$24 per hour, up to $12.10 per hour below the minimum award rate for a grade 1 kitchen hand. The employer removed the job ad.
The Fair Work Ombudsman’s interventions, including in the example cases above, have likely prevented vulnerable workers being underpaid.
The fast food, restaurants and cafés sector is a priority for the FWO because it employs a high number of vulnerable workers, including young people and migrants. Improving compliance in the disability support services sector is also a priority, given it commonly employs vulnerable workers, including migrants.
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“We want employers to get their pay rates right from the start, and we have all the information they need to do so,” Ms Booth said.
Employers can use the FWO’s pay calculator to get pay rates right and find more information at our Small Business Showcase.
Employers can also use FWO’s pay guides to get correct minimum pay rates for full-time, part-time and casual employees in an award.
They can read more about prohibited ads at Job ads - Fair Work Ombudsman and small businesses can self-assess their compliance with this checklist.
Anyone can anonymously report a job ad – in English or another language – here through the Fair Work Ombudsman’s website. Include information about the job advertised, the pay rate or conditions being offered, where and when you saw the ad, and a link if you have one.
The FWO offers an Employer Advisory Service, which provides small business employers with free tailored written advice about pay and conditions. Employers can also seek information from their employer association if they are a member.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance. An interpreter service is available on 13 14 50.