Changes to Job Advertisement Rules

As of 7 January 2023, there has been an amendment to the Fair Work Act 2009 (FWA) which impacts how clubs advertise jobs. 

What are the amendments? 

It is now prohibited under the FWA for a club to advertise positions using rates of pay which would be considered below the minimum rate of pay for that classification as outlined in the Registered and Licensed Clubs Award 2020 (the Award) or the Club’s Enterprise Agreement.

What are the implications for non-compliance? 

Violating this requirement can attract penalties such as monetary fines or enforcement action by the Fair Work Ombudsman, which can include compliance notices and visits from an inspector. 

We have been advised that employers in other industries have faced penalties for non-compliance. We understand that the Fair Work Ombudsman is regularly reviewing advertisements on Seek and other platforms to ensure compliance. 

The penalties have been for organisations who have advertised casual roles without including the 25 per cent casual loading when outlining the minimum rate of pay.

What steps should clubs take when advertising for roles?  

1. Create a job description.

2. Correctly classify the job description using Schedule A – Classification Definition from the Award or the relevant Enterprise Agreement. 

3. Draft the job advertisement and give consideration to the following:

   1. If it is annual salary or hourly rate.

   2. If the employee is casual or permanent. Casual loading must be mentioned if the position is casual.

   3. Are there any penalty rates or allowances that will apply? These should be outlined in the advertisement. For example, $30.10 per hour plus relevant award entitlements including penalty rates, overtime, allowance and superannuation. 

Key take aways 

Clubs should review and update their job advertisement practices to ensure they are compliant. If clubs need any assistance in correctly classifying roles, please contact our WR team on 1300 730 001.