Employers paid a combined $131,836 for job ads that promoted pay rates below the required minimum
Maximum fines have been raised for employers who are advertising jobs that are below the required minimum rate, according to the Fair Work Ombudsman (FWO), amid an increase in reported cases last year.
The FWO said on Thursday that the maximum penalty for individuals who are promoting job ads with below-minimum rates has increased to $2,184 per contravention.
For companies of any size, the penalty has been raised to $10,920 per contravention.
Fair Work Ombudsman Anna Booth said the increased penalties took effect on 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," Booth said in a statement.
The penalty hike is part of the workplace regulator's effort in stamping out job ads offering "dodgy pay rates" to workers before underpayments can happen.
"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," 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."
Penalties in 2025-26
In 2025-26, the workplace regulator issued 358 Infringement Notices to employers that are offering unlawful wage rates, with the employers paying fines totalling $131,836.
Among these cases include a fast food outlet in Melbourne that paid a fine of $330 for advertising a casual employee role for $24 to $30 per hour.
According to the FWO, this is $9.19 per hour below the applicable award rate of $33.19 per hour at 1 July 2025.
A refrigerated transport provider in South Australia was also issued a similar fine last year for advertising a courier driver post at $30 to $32 per hour.
The ad said the job would be three days per week, including Saturdays, with the ABN listed as an essential requirement.
But the FWO found that 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.
Overall, employers in Australia have paid more than $317,000 in fines for ads that promoted jobs at below-minimum rates since 2023.
In 2024-25, there were 318 Infringement Notices issued to violating employers, who paid a combined $111,306 in penalties.
Addressing 'dodgy job ads'
Meanwhile, the FWO urged unions and employer organisations to highlight laws on dodgy job ads to businesses to prevent them.
"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," it said.
The regulator also lauded major job platforms, including SEEK and the Backpacker Job Board, for taking steps to prevent unlawful job ads, while encouraging others to follow their
lead.
"The Fair Work Ombudsman also continues to call on the major job platforms to increase their efforts to prevent unlawful job ads appearing," Booth said.
The FWO added that it will be looking closely at the job ads in the year ahead that may incorrectly treat a worker as an independent contractor when they would in fact be an employee.
It advised business leaders to use the FWO's pay calculator to get pay rates right, as well as its pay guides for employees under an award.
