By Jessica Yun
Australia’s workplace regulator is asking more organisations to step up in the crackdown against employers advertising jobs for illegally low pay while warning employers can expect to be fined and monitored for underpayment if caught.
Fair Work Ombudsman Anna Booth has written to Seek, Gumtree, Indeed and Chinese media platform yeeyi after issuing 151 penalties totalling more than $89,000 to wrongdoing employers without prior warning to send a strong message about the unlawful behaviour.
Fair Work Ombudsman Anna Booth is bringing more organisations into the fight against unlawful job ads.Credit: Peter Rae
In one instance, the regulator received a tip-off about a job listing for full-time and part-time bar staff roles at $7 to $10.50 an hour, which Booth described as “brazen underpayment” and “totally unacceptable”.
“We needed to make a big point of this,” Booth said. “In this case, because we are looking to deter employers from doing this, we have decided to take a strict approach and fine those people who are clearly in contravention.”
The regulator does not have legislative powers to force employment websites to co-operate. Booth said the ombudsman was taking a more collaborative approach with labour hire authorities, union and employer organisations to build a “culture of compliance” rather than working in silos.
“It will be entirely voluntary – we’d be looking for them to be good corporate citizens and work with us,” Booth said about the job platforms.
“It’s one of the goals of my time at the Fair Work Ombudsman to really elevate that national conversation, so it’s clear there’s support in the workplace community for fair workplaces.”
Gumtree chief executive Tommy Logtenberg said the online marketplace was conducting hourly sweeps to find and remove ads that did not meet minimum wage standards in their respective industries and said there was a tool for users to report those ads.
“This is an ongoing issue across all digital platforms, and we are very much committed to being part of the solution together with peers and the regulator,” Logtenberg said.
“We are currently working on further back-end developments directly targeting this issue, and we hope to be able to announce them soon. We interact with six million Australians every month, and we are making continual improvements to our user experience and safety.”
Seek declined to comment but confirmed it would seek a meeting with the regulator to work more closely together. Indeed did not respond to requests for comment.
The spate of infringement notices mark the first time that new laws under the Secure Jobs Better Pay Act, passed in 2022, have been used. As of January 7 last year, it is unlawful for employers to post job ads for pay that is lower than minimum wage, industry awards, or enterprise agreements.
But the volume of contravening job ads, a problem Booth described as broad and enduring that often deliberately targets migrant workers, had not abated since the legislation was passed. In another instance, an ad for a cafe attendant listed a pay rate of $13.36 an hour. The employer claimed the rate was “close” to the rate for a worker under 17 and that they should receive only a warning.
“It has been a deep-seated problem for a long time,” Booth said.
Employers issued with fines will go into the regulator’s broader surveillance system, which folds in tip-offs from the community, media and even members of parliament.
“We initially try to resolve them through dispute resolution, and then if we can’t, we have to investigate them, and ultimately, if necessary, issue some enforcement instruments, and if those enforcement instruments are not complied with, then of course, the next step is to take them to court.”
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