The information below is only relevant to employers and employees in the WA state industrial relations system - sole traders, unincorporated partnerships, unincorporated trusts and some incorporated or not for profit organisations. Find out more on the Guide to who is in the WA State System page.
If you operate or are employed by a Pty Ltd business you can find information on this topic on the Fair Work Ombudsman website.
About this page
- This page provides details on the provisions prohibiting employers advertising for employees at a rate of pay below the legal minimum.
- Employees who wish to make a complaint about unpaid wages or entitlements should visit the Making a Complaint about unpaid wages or entitlements page.
The Industrial Relations Act prohibits an employer from advertising employment at a rate of pay that is less than the minimum wage applicable to the job under the Minimum Conditions of Employment Act (MCE Act) or a state award, order or industrial agreement.
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.
To help eliminate exploitative working arrangements, provisions in the MCE Act dealing with the payment of wages have been amended to prevent an employer from directly or indirectly compelling an employee to accept goods, accommodation or other services of any kind instead of money as any part of the employee’s pay.
Enforcement action can be taken in the IMC against an employer who fails to pay an employee in full. It 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.