Job ads

Find information about prohibited job advertisements (ads).

We also cover how to report ads that breach these rules.

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Prohibited job ads

There are some job ads that are prohibited (not allowed). These are ads that advertise pay rates less than an employee’s minimum entitlements.

This means that job ads can’t include pay rates that breach:

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 and Conditions Tool 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
  • applicable enterprise agreement, or
  • the National Minimum Wage order if there is no award or agreement that applies.

Pieceworker job ads

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.

Tip: Use our free templates

Employers can use our Job advertisement template Job advertisement template to help meet their workplace obligations.

Find other free templates from our Templates page.

How to report a prohibited job ad

If you’ve seen a job ad that advertises a pay rate or employee conditions that could breach these rules, you can make an anonymous report to us.

Information to include

When reporting this to us, please include information about:

  • the job advertised
  • the pay rate or conditions being offered (or both)
  • when and where you saw the ad and a link to the ad if you have one.

Access our form in English or another language:

(Please note that you can’t attach documents or photos when making a report.)

When you make a report

When you make an anonymous report, we won't contact you. However, 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).

Source reference: Fair Work Act 2009 s.536AA

Tools and resources

Related information