Fair Work Ombudsman (FWO) has handed out more than $185,000 in fines to employers advertising jobs with illegal pay rates since the start of new laws banning dodgy ads.
In 2024-25, FWO issued 318 fines to employers advertising jobs with unlawful pay rates, with $111,306 in penalties paid. This was more than double the number of fines than the previous year, when 156 fines were handed out, and $73,000 in penalties paid.
Fair Work Ombudsman Anna Booth says the workplace regulator is intent on stopping wage underpayments at the earliest possible opportunity.
“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,” says Booth.
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.
Booth says employers have a 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.”
An example of a dodgy ad that resulted in a fine during 2024-25 is a fast food outlet that advertised for casual kitchen hands starting at a rate of $17 per hour, about $15 per hour below minimum award rates. The employer paid a $660 fine and removed the ad.
Another restaurant advertised for a kitchen hand at $12 to $24 per hour. This is up to $12.10 per hour below the minimum award rate for a grade 1 kitchen hand. The employer was fined $330 and removed the ad.
FWO says the fast food, restaurant, and café sector is a priority because it employs a high number of vulnerable workers, including young people and migrants.
Visa holders have the same workplace rights as all other workers, and protections for visas exist if they call out workplace exploitation.
“We want employers to get their pay rates right from the start, and we have all the information they need to do so,” says Booth.
Employers can use the FWO’s pay calculator to get pay rates right and find more information at our Small Business Showcase. They 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 on the FWO website.
The FWO also offers an Employer Advisory Service, which provides small business employers with free tailored written advice about pay and conditions.
Anyone can anonymously report a job ad, in English or another language, through the FWO’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.
Photography provided by Pexels.
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Maia Hart
