Find information about prohibited job advertisements (ads) and how to report ads that breach these rules.
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Prohibited job ads
Job ads can't include pay rates that are less than employees’ minimum entitlements.
This means that job ads can’t include pay rates that breach:
- the Fair Work Act, or
- a fair work instrument (such as an award or enterprise agreement).
Employers advertising pieceworker positions where the employee would also be entitled to a periodic pay rate (for example, an hourly or weekly pay rate) need to:
- specify the periodic pay rate that applies, or
- state in the ad that a periodic pay rate will apply.
These rules apply from 7 January 2023, regardless of when the ad was originally posted.
You can use our job advertisement template which includes guidance to help employers meet these requirements. Find it and other resources on our Templates.
Example: Job ad with a rate less than the minimum required
Katie is looking for full-time work at a childcare centre. She’s 40-years-old.
Katie sees an ad matching her qualifications and experience, offering $16 per hour.
Katie knows that there is an award that covers the childcare industry. She uses our Pay Calculator to work out the pay rate under the Children’s Services Award that would apply to her.
Katie finds that the hourly rate offered in the ad is less than the adult pay rate under the Children’s Services Award.
The employer who posted the job ad may be breaching the Fair Work Act.
Employers have to ensure that the pay rate for the role advertised is at least the minimum rate in the applicable award, enterprise agreement, or the National Minimum Wage order if there is no applicable award or agreement.
How to report a prohibited job ad
If you’ve seen a job ad that advertises a rate of pay or employee conditions that could breach the Fair Work Act, an award or enterprise agreement, you can make an anonymous report to us.
Information to include
When reporting this, please include information about:
- the job advertised
- the pay rate and/or conditions being offered
- when and where you saw the ad and a link to the ad if you have one.
Please note that you can’t attach documents or photos when making a report.
When you make an anonymous report, we won't contact you but your information will help us plan our current and future education and enforcement activities.
Example: Reporting a prohibited job ad
Brett is looking for work as a part-time shop assistant. He sees an ad online for a part-time adult retail worker in a clothing store offering $15 per hour.
Brett knows that most retail businesses are covered by the Retail Award. He uses our Pay Calculator to check pay rates in the Retail Award and finds that $15 per hour is too low for what an adult part-time employee should be paid under the award.
Brett is concerned that the job ad isn’t complying with workplace laws. He makes a note of the website address and makes an anonymous report to us (the Fair Work Ombudsman).