First published on Tuesday, September 1, 2026
Last updated on Tuesday, September 1, 2026
You’re certainly aware of investigations by the Fair Work Ombudsman for underpayments, but did you know that companies posting job advertisements with below-minimum award rates for Australia can also be investigated?
The Fair Work Ombudsman has been investigating and issuing infringement notices to companies that are posting ads where they have blatantly advertised rates that aren’t compliant with awards, while issuing fines as well.
The investigations
As part of its investigations this year, the Fair Work Ombudsman has issued 358 infringement notices, with a total of $131,836 in fines paid by employers posting the job ads. Between 2024-2025, the Fair Work Ombudsman had also issued 318 infringement notices and fines totalling $111,306.
With the significant number of employers being investigated for underpayments amongst other non-compliant practices, this approach is essential in preventing cases of wage theft before they occur. Examples of non-compliant job ads have included:
A Melbourne fast food outlet and a Sydney restaurant offering rates below the necessary awards
A refrigerated transport company in South Australia offering rates below the required Saturday rate, with further investigation showing that the position would have made a potential candidate a full-time employee rather than as a contractor as advertised.
With these investigations, it shows that compliance isn’t just something to consider after hiring an employee, with your entire process needing to be complaint within Australian employment laws. When posting ads for new positions, you must ensure that the requirements and pay offered are within the required award, with significant consequences if you don’t.
If you require more assistance in keeping your HR process compliant with Fair Work, book a free demo with our team today where you’ll see exactly how our BrightHR helps with keeping you compliant.
