Employers are paying the price for ads offering unlawful wage rates, with fines up 18 per cent in the last year. And repeat or significant offenders are warned they could face court action.
The Fair Work Ombudsman’s ongoing efforts to stamp out dodgy job ads saw it issue 358 Infringement Notices in 2025-26, with employers paying fines totalling $131,836.
The annual results mean the workplace watchdog’s compliance measures have led to employers paying more than $317,000 in fines since the start of laws banning ads that advertise jobs at below-minimum rates in 2023.
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.
The FWO issued 318 Infringement Notices for this contravention in 2024-25, with employers paying a combined $111,306.
Fair Work Ombudsman Anna Booth said the workplace regulator wants to stop wage underpayments before they occur, and that litigation is an option for the worst cases.
“Prevention is always better than the cure and stamping out job ads that offer dodgy pay rates helps prevent vulnerable workers from being underpaid from the beginning, as well as ensuring a fair playing field for businesses that are doing the right thing,” Ms Booth said.
“Employers who don’t advertise lawful pay rates face being hit with fines. Repeat or significant breaches can lead to us taking an employer to court.
“We call on unions and employer organisations to highlight these laws to their members. Employer groups can encourage their business members to put a spotlight on their obligation when recruiting, and unions can encourage their members to send any dodgy job ads our way.
“The Fair Work Ombudsman also continues to call on the major job platforms to increase their efforts to prevent unlawful job ads appearing.
“We commend employment website Seek for introducing a ‘Report this job ad’ feature, enabling job hunters to report any ad that seems dodgy directly to the FWO for investigation. This feature highlights Seek’s commitment to being a trusted provider.”
The FWO also commends the Backpacker Job Board for including information on the minimum wages owed under the Horticulture Award on ads for fruit-picking positions.
Examples of fines issued over dodgy job ads during 2025-26 include:
- A Melbourne fast food outlet advertised for a casual employee offering $24-$30 per hour, with the lower rate $9.19 per hour below the applicable award rate of $33.19, at 1 July 2025. The FWO issued a fine of $330.
- A Sydney restaurant advertised for wait staff at $24-$26 per hour, with the lower rate $6.35 below the Restaurant Industry Award rate of $30.35 per hour, at 1 July 2025. The FWO issued a fine of $330.
- A refrigerated transport provider in South Australia advertised for a courier driver to work three days per week, including Saturdays, at $30-$32 per hour, and listed an ABN as an essential requirement. With further information from the advertiser, FWO Inspectors formed the belief the driver would have been an employee and the advertised rates would have been less than the Saturday rate entitlement under the Road Transport and Distribution Award 2020.
The employer paid a $330 fine and thanked the FWO for our guidance.
Ms Booth warned employers that the maximum fines the FWO can impose for advertising jobs at unlawfully low rates increased from 1 July 2026.
“The maximum penalty is now $2,184 per contravention for an individual or up to $10,920 per contravention for a company of any size. Even more incentive to get that ad right.”
The FWO will be looking closely at ads in the year ahead that may incorrectly treat a worker as an independent contractor when they would in fact be an employee.
Whether a worker is a contractor or an employee depends on a range of factors, including the amount of control the business has over how work is performed and how hours of work are set. When an employee is incorrectly told they are a contractor, this can be sham contracting. See the FWO website for more information about the difference between contractors and employees.
Employers can use the FWO’s pay calculator to get pay rates right, and pay guides for employees under an award. More information is also at our Small Business Showcase. 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.
They can read more about prohibited ads at Job ads. Small businesses can self-assess their compliance with this checklist.
Anyone can anonymously report a job ad – in English or another language – via 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.
