Employers in the WA state industrial relations system are prohibited from advertising employment at a rate of pay that is less than the minimum wage applicable to the job under a WA award or industrial agreement or the Minimum Conditions of Employment Act 1993.
These requirements come from the state Industrial Relations Act 1979.
Enforcement action can be taken in the Industrial Magistrates Court (IMC) against an employer who has unlawfully advertised employment at a rate of pay below the legal minimum.
The IMC can impose a penalty of up to $13,000 (or $130,000 in the case of a serious contravention) for individuals or a penalty of up to $65,000 (or $650,000 in the case of a serious contravention) for bodies corporate, and make an order to prevent the employer from unlawfully advertising in the future.
