Below-minimum-wage infringement notices and fines up in 2025–26

Job postings advertising pay below minimum wage hit a high in the recently concluded 2026 financial year, and employers are facing the music.

Dodgy job ads continue to target jobseekers despite increased surveillance.

According to the Fair Work Ombudsman (FWO), fines are up 18 per cent for advertisements offering unlawfully low wages, with employers paying a total of $131,836 for infractions.

This is approximately $20,000 more than the previous year.

At the same time, 40 more infringement notices have been handed out than in the 2024–25 financial year, totalling 358 this year.

According to the FWO, instances of severe underpayments have been identified around the country, including that of a Melbourne fast-food outlet that advertised casual employment almost $10 below the applicable rate; a Sydney restaurant that offered more than $6 below the Restaurant Industry Award; and a South Australian refrigerator transport provider that allegedly required an ABN despite requiring hours closer to the definition of an employee rather than a contractor.

FWO Anna Booth noted that the regulator is focused on stopping payment breaches before they occur.

She said: “Prevention is always better than the cure, and stamping out job ads that offer dodgy pay rates helps prevent vulnerable workers from being underpaid from the beginning, as well as ensuring a fair playing field for businesses that are doing the right thing.”

Litigation remains an option for the worst or repeat infringements.

Booth said: “The Fair Work Ombudsman also continues to call on the major job platforms to increase their efforts to prevent unlawful job ads appearing.

“We commend employment website SEEK for introducing a ‘Report this job ad’ feature, enabling job hunters to report any ad that seems dodgy directly to the FWO for investigation. This feature highlights SEEK’s commitment to being a trusted provider.”

The Backpacker Job Board was also praised for its inclusion of the Horticulture Award on ads for fruit-picking positions. Only recently, the FWO commenced legal action against the operators of a labour hire company that allegedly underpaid two migrant farm workers.

The maximum penalty is now $2,184 per contravention as of 1 July 2026.

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