If you are thinking about hiring before Christmas, the pay rate in your job ad matters more than you might think. The Fair Work Ombudsman (FWO) is actively searching job sites, and the number of fines is going up.

What the FWO reported

In its August 2026 media release, the FWO said it issued 358 infringement notices in 2025-26 to employers advertising jobs below the lawful minimum rate. Employers paid a total of $131,836 in fines. Since the rules started in 2023, employers have paid more than $317,000 in fines.

The year before, the FWO issued 318 notices and employers paid $111,306. Two years ago it was 156 notices, costing employers almost $74,000. So the trend is clearly upward.

The rule in plain English

An advertised pay rate must meet the minimum required by the award or enterprise agreement that covers the job. If no award or agreement applies, it must meet the National Minimum Wage. Fair Work inspectors routinely search public job ad sites, then contact employers to educate them or issue a notice. Repeat or significant breaches can end up in court.

One example from the FWO: a fast food outlet received a $660 infringement notice for advertising casual kitchen hand roles starting at $17 an hour, which was about $15 an hour below the minimum award rate.

A quick check before you post

  • Find the right award. Use the Pay and Conditions Tool on the Fair Work website to confirm which award covers the role and what the minimum rate is.
  • Check the casual loading and classification. A rate that looks fine for a base level may be too low for the level you actually want to hire.
  • Update old ads. Award minimums rose from 1 July, so a template you saved last year may now be out of date.
  • Ask your recruiter. If an agency or platform posts ads for you, the pay rate is still your responsibility, so ask to see the final wording.
  • Keep a copy. Save the ad and a note of how you worked out the rate, in case you are ever asked.

If you are not sure which award applies, ask your accountant or contact the Fair Work Ombudsman for free before you advertise. A few minutes of checking is far cheaper than a fine and a back-pay bill.