s536AA: s 536AA Do not advertise jobs at unlawful rates; state piecework periodic rates
An employer does not advertise, or cause to be advertised, employment at a rate of pay that would contravene the Act or a fair work instrument, and an advertisement for piecework employment where the employee would be entitled to a periodic rate states that rate (or a higher one) or that a periodic rate is payable, unless the employer has a reasonable excuse.
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s536AA. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Job advertisement approval step checking the advertised rate against the applicable award or agreement; Archive of advertisements with the rate verification; Piecework advertisements including the periodic rate statement
What usually goes missing
Advertised hourly rates below the award minimum or ignoring casual loading; Piecework ads with no periodic rate statement; Third-party recruiters posting ads without employer review
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.