Prohibited job advertisements – are you advertising legally?

South Australian Business News  •  HR and workplace relations  •  Industrial Relations
Elisa Luck
Thursday, February 13th 2025
Job ad

Did you know that there are some job ads that are not allowed?

Job ads can’t include pay rates that would breach the Fair Work Act or a fair work instrument such as an award or enterprise agreement. This means that job ads can’t include pay rates that undercut employees’ minimum entitlements.

Employers advertising pieceworker positions where the employee would also be entitled to a periodic pay rate (for example, an hourly or weekly pay rate) need to:

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

It’s important that before you advertise a job that you understand the minimum terms and conditions of employment for your new employee, and your obligations and responsibilities as an employer.

The Fair Work Ombudsman has the power to start court proceedings for alleged breaches of these provisions. Employers face fines for breaching these provisions unless they have a reasonable excuse for not complying.

Need help? Join our free webinar!

Want to make sure you get it right? Join us for an informative FREE webinar on 18 March 2025 at 10:30am to 11:30am where we will cover off on job advertisements, flexible work arrangements, pay secrecy, and right to disconnect. Register here.

Need help in working through compliant job advertisements? 

South Australian Business Chamber Members can call our Business Advice Hotline on (08) 8300 0000 (select option 1).

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