Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 536AA

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.