# Is it illegal for a job ad to lie about the hourly pay and hours?

- Jurisdiction: Australia
- Practice area: Employment Law
- Published: 2026-10-29
- Last updated: 2026-10-29
- Canonical: https://lawasked.com/au/employment-law/illegal-job-ad-lie-about-hourly-pay-hours

## Question

I am writing to you from Melbourne, Victoria, because I feel like I have been completely misled by a local cafe regarding a new role. On the 12th of October, I saw an advertisement on a popular job board for a full-time barista position. The ad explicitly stated that the role offered a guaranteed rate of $32 per hour with a consistent 38-hour work week. Based on this information, I applied and went through two interviews over the following fortnight. When I finally received the formal offer letter last Monday, the terms had completely changed. The pay was listed at only $26 per hour, and they mentioned that the hours would be 'as required', which sounds like it could be as little as 15 hours a week. I have already spoken to the manager, Sarah, to point out the discrepancy between the advertisement and the contract, but she simply said that the original ad was just a 'general guide' and that the new terms are what they actually need. I am very confused and unsure if I have any rights here. Can a business legally advertise one set of conditions to attract applicants and then change them entirely once the person actually shows up for the job?

## Summary

Yes, it is likely illegal for the cafe to advertise specific pay and hours and then offer significantly different terms. Under Australian consumer law, businesses are prohibited from misleading job seekers about the terms and conditions of employment.

## Analysis

Based on the facts you provided, the cafe's conduct appears to violate the Australian Consumer Law regarding employment. Specifically, a person must not "engage in conduct that is liable to mislead persons seeking the employment as to: (a) the availability, nature, terms or conditions of the employment; or (b) any other matter relating to the employment" [1]. This means that when the cafe advertised a guaranteed $32 per hour and a 38-hour week, they created a specific expectation regarding the 'terms or conditions' of the job. By changing the pay to $26 and the hours to 'as required' in the formal offer, they have engaged in conduct that misleads people looking for work [1].

Furthermore, the law prohibits general misleading or deceptive conduct in trade or commerce [2]. Sarah's claim that the advertisement was merely a 'general guide' does not necessarily excuse the business. If the advertisement was detailed enough to influence your decision to apply and interview, it is not just a guide; it is a representation of the job's nature. 

It is also important to note that employers are prohibited from advertising pay rates that would contravene a fair work instrument. While we do not know if $26 is below the legal minimum for a barista in your specific award, the act of advertising one rate and offering another is the core issue here. 

Whether this constitutes a formal breach that can be prosecuted depends on whether the discrepancy was intentional or a genuine error, though the law regarding misleading conduct is quite strict. State, provincial, or local laws in Victoria may also provide additional protections for workers.

## Statutory citations

- Competition and Consumer Act 2010 (Schedule 2 ACL), Schedule 2, Section 31 - Misleading conduct relating to employment [in force] (https://www.legislation.gov.au/C2004A00109/latest/text)
  > A person must not, in relation to employment that is to be, or may be, offered by the person or by another person, engage in conduct that is liable to mislead persons seeking the employment as to: (a) the availability, nature, terms or conditions of the employment; or (b) any other matter relating to the employment.
- Competition and Consumer Act 2010 (Schedule 2 ACL), Schedule 2, Section 18 - Misleading or deceptive conduct [in force] (https://www.legislation.gov.au/C2004A00109/latest/text)
  > A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.

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