Section 536AAFair Work Act 2009 (Cth)

Employer obligations in relation to advertising rates of pay

Employers must not advertise employment with rate of pay that contravenes this Act or a fair work instrument

(1) An employer must not advertise, or cause to be advertised, that the employer is offering employment at a rate of pay that would contravene either of the following, if the advertised employment occurred:

(a) this Act;

(b) a fair work instrument.

Note: This subsection is a civil remedy provision (see Part 4‑1).

Advertisement of piecework must include any periodic rate of pay to which pieceworker is entitled

(2) If:

(a) an employer advertises, or causes to be advertised, that the employer is offering employment as a pieceworker; and

(b) the employee would be entitled to a periodic rate of pay, if the advertised employment occurred;

the advertisement must:

(c) specify that rate of pay (or a higher rate of pay); or

(d) include a statement to the effect that a periodic rate of pay is payable in relation to the employment.

Note: This subsection is a civil remedy provision (see Part 4‑1).

Reasonable excuse

(3) Subsections (1) and (2) do not apply if the employer has a reasonable excuse.

Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

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