Sunday, December 22, 2024

Fair Work Ombudsman levels $90,000 in fines over dodgy job ads

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Fair Work Ombudsman Anna Booth. Source: LinkedIn

The Fair Work Ombudsman has fined businesses nearly $90,000 over dodgy job ads, with the workplace watchdog urging employers not to advertise wages under minimum rates.

Posting a job ad with pay rates below those required by the Fair Work Act, a modern award, or an enterprise agreement, is now a contravention of the Act.

The Fair Work Ombudsman gained powers to penalise businesses for those misleading job ads in early 2023.

On Tuesday, the regulatory body said it has handed out 181 infringement notices since those powers came into effect, totalling $89,000 in penalties.

In one instance, a hospitality business was offering workers as little as $7 an hour.

Fair Work Ombudsman Anna Booth said the regulator is focused on eliminating those ads before they lure vulnerable workers into exploitative working conditions.

“Advertising your intention to pay employees $7 per hour, for example, is precisely the sort of unacceptable conduct that the Fair Work Ombudsman wants to stamp out,” she said.

In another instance, a business was fined $1,375 for a dodgy job ad.

The Fair Work Ombudsman claims that the business initially defended the ad, saying the advertised pay was “close” to the introductory rate for workers aged under 17.

The watchdog is particularly concerned about the effect of those ads on migrant workers.

New research suggests migrant workers are particularly vulnerable to wage underpayment, and face significant difficulties chasing their unpaid wages through small claims process.

Stamping out exploitative job ads when they arise can help protect those workers, the Ombudsman said.

“We want to stop exploitation at the earliest moment,” Booth said.

“And trying to take advantage of migrant workers who may be desperate for income or unaware of their rights is appalling.”

Beyond the fines levelled against existing job ads, the regulator is also petitioning job listing websites to stem dodgy ads at the source.

This means job ad platforms informing businesses about their obligations to post appropriate wages.

“We are also requesting job websites make it easier for employers to put legal wage rates in their ads, such as by allowing advertising employers to enter their own specific wage figures rather than having preset ranges,” Booth said.

Workers and businesses curious about minimum wage standards can access the Fair Work Ombudsman’s pay calculator online.

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