Section 536AA — Fair Work Act 2009: 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.