Fair Work Cracks Down on Unlawful Job Advertisements

As part of a number of recent changes to employment laws and regulations, job advertisements will be under the spotlight, with the changes applied retrospectively from 7 January 2023.

Under the changes, job advertisements will no longer be permitted to include pay rates that breach the Fair Work Act or a fair work instrument such as an award or enterprise agreement, or that undercut an employee’s minimum entitlements under the National Employment Standards.

Employers who advertise for roles where the employee receives a periodic pay rate (for example an hourly or weekly rate of pay) must specify in the advertisement that a periodic pay rate applies or state the periodic pay rate itself.

In the past, it was not unlawful to advertise a job with a pay rate that would breach the Act, even though it is illegal to pay someone incorrectly under the Act. Before advertising a job, employers must take into account their workplace obligations. These amendments support workers in understanding their workplace entitlements.

In the case that the employer’s advertisement of pay rates breaches the Act with a reasonable justification, the provisions do not apply. As an example, if the relevant pay rate changed during the time the advertisement was live, and the employer did not have time to review and amend the advertisement, then a reasonable justification might apply.

If you are an employer and need support hiring the best people for your business, you can trust WCA Solutions, your local recruitment agency in Perth, to source the ideal candidate for your business. Contact our team on (08) 9383 3293.

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