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Quick Recap: Limitations on Job Ads

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Thanks to the Secure Jobs, Better Pay Act 2022, it is now unlawful for job advertisements to pay rates that are less than the employee's minimum entitlements. This shouldn't be news to employers, as these changes came into effect on 7 January 2023.

 

Don't forget! 

Minimum wage rates increased on 1 July 2023. Ensure to double check your job ads and that they're still compliant.

 

Here's a quick recap of what changed:

As an employee, the biggest red flag to keep an eye out for is when a job ad breaches one of the following:

  • the Fair Work Act, or
  • a Fair Work instrument (such as an Award or enterprise agreement)

 

When an employer is advertising an hourly or weekly rate of pay, they must:

  • specify the periodic pay rate that applies, or
  • state in the ad that a periodic pay rate will apply.

 

The rules surrounding job ads came into effect on 7 January 2023, no matter when the job ad was initially posted.

 

What should you do if you see a job ad in breach of these rules?

If you've seen a job ad that promotes a rate of pay lower than the minimum entitlements for that role, you should make an anonymous report to Fair Work, including the following information:

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

 

The team at Employii can help you draft job ads that are compliant with these newly introduced laws, including determining the most appropriate rate of pay for the role. If you're an employer looking for help or have any questions about the dos and donts when it comes to job ads, don't hesitate to reach out at [email protected]

 

For more information about the limitations of job ads, click here.

 

 

Author: Chelsea Finlay (HR Officer)