536AAEmployer obligations in relation to advertising rates of pay

536AA Employer obligations in relation to advertising rates of pay

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.