The Fair Work Ombudsman has warned employers against advertising jobs at illegal pay rates after more than $185,000 in penalties were paid since laws banning “dodgy” job ads came into force.
The regulator said it issued 318 infringement notices to employers in 2024–25 for advertising roles with unlawful wages, with $111,306 in fines paid over the year. That is more than double the 156 fines issued in 2023–24, when almost $74,000 was recovered.
Advertised pay must meet minimum rates set by the relevant award or enterprise agreement, or the National Minimum Wage where no instrument applies.
Fair Work Ombudsman Anna Booth said the regulator is focused on preventing underpayments before workers are hired. “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 cited by the agency over the past year include a fast-food outlet fined $660 after advertising casual kitchen hand roles at $17 an hour, around $15 below the award minimum; a sole trader in disability support penalised $313 after advertising a casual role at $22 an hour, about $10 under the legal rate; and a restaurant fined $330 for advertising $12–$24 an hour for a kitchen hand, up to $12.10 below the award.
The FWO said its interventions, including the removal or correction of ads in these cases, likely prevented vulnerable workers from being underpaid.
The fast food, restaurants and cafés sector remains a compliance priority due to its high proportion of young and migrant workers. The disability support services sector is also in focus for similar reasons. The Ombudsman reiterated that visa holders have the same workplace rights as other employees and that visa protections apply to those who report exploitation.
“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.
The agency is urging employers to use its online pay calculator and pay guides to check lawful rates for full-time, part-time and casual staff, and to consult its Small Business Showcase and Employer Advisory Service for tailored advice. It is also encouraging tip-offs about potentially unlawful ads, which can be made anonymously via its website in English or other languages.
It has been unlawful to advertise below-minimum pay rates since early 2023, when federal workplace law changes introduced specific prohibitions on job ads that undercut legal entitlements.