Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
- Why Job Ad Compliance Matters In Australia
Step-By-Step: How To Write An Effective, Inclusive Job Ad
- 1) Use A Clear, Inclusive Job Title
- 2) Summarise The Role In One Or Two Sentences
- 3) List The Key Responsibilities
- 4) Separate Essential Vs Desirable Criteria
- 5) Be Clear About Employment Terms
- 6) Introduce Your Business And Culture
- 7) Explain How To Apply
- 8) Include An Equal Opportunity Statement
- Job Ad Example #1: Inclusive Retail Position (You Can Reuse This Structure)
- Key Takeaways
Want to attract great people and protect your brand at the same time? Writing a job ad is more than catchy language and a list of tasks. In Australia, your ad also needs to meet legal standards around discrimination, accuracy and employment terms.
In this guide, we’ll show you how to write job ads that are both compliant and compelling. We’ll cover the key legal rules, a practical step-by-step approach, copy you can reuse, and common pitfalls to avoid so you can recruit with confidence.
If you get the foundations right at the job ad stage, the rest of the hiring process becomes much smoother.
Why Job Ad Compliance Matters In Australia
A job ad is often your first touchpoint with potential employees. It sets expectations about the role, your workplace and the hiring process. While it isn’t a contract, it is a public representation of your business, and it can carry legal risk if it misleads candidates or excludes people in ways the law prohibits.
In Australia, anti-discrimination legislation (at federal and state/territory levels) and the Fair Work framework set clear boundaries on what you can and can’t say. The Australian Consumer Law (ACL) also prohibits misleading or deceptive conduct in advertising, which can apply to recruitment marketing if statements about the role or pay are inaccurate.
In short: keep your job ads inclusive and truthful. Doing so reduces complaints, protects your brand, and widens your talent pool. It also creates a positive candidate experience from day one.
Step-By-Step: How To Write An Effective, Inclusive Job Ad
Use this simple structure to produce clear, legally sound ads that still sell the opportunity.
1) Use A Clear, Inclusive Job Title
- Be specific and descriptive (e.g. “Customer Success Manager” instead of “Staff”).
- Avoid gendered terms (e.g. use “Wait Staff” or “Server” rather than “Waiter/Waitress”).
- Skip coded phrases like “young,” “mature,” or “native English speaker,” which can exclude protected groups.
2) Summarise The Role In One Or Two Sentences
- Explain what the role does, who it reports to, and the purpose it serves in the business.
- Keep it honest and grounded in the job’s real scope.
3) List The Key Responsibilities
- Use 4–7 bullet points with the main day-to-day tasks.
- Don’t overpromise career outcomes or inflate responsibilities; misleading statements can cause issues under the ACL and contract law.
4) Separate Essential Vs Desirable Criteria
- State the must-haves (licences, qualifications, tickets, specific experience) and nice-to-haves separately.
- Only include criteria genuinely required for the inherent requirements of the role to avoid indirect discrimination.
5) Be Clear About Employment Terms
- Specify whether the role is full-time, part-time or casual, and outline expected hours or roster patterns.
- State the location and whether remote or flexible options are available.
- If you mention pay, ensure it aligns with applicable minimums or modern awards and avoid “below award” rates.
6) Introduce Your Business And Culture
- Add a short, authentic paragraph about your mission, values and team environment.
- Focus on what’s true and unique about working with you.
7) Explain How To Apply
- List what to submit (CV, short cover letter, portfolio) and where to send it.
- Include a closing date and outline next steps (e.g. first interview week commencing…).
8) Include An Equal Opportunity Statement
- One or two lines is enough, for example: “We’re an equal opportunity employer and encourage applications from people of all backgrounds and abilities.”
Job Ad Example #1: Inclusive Retail Position (You Can Reuse This Structure)
Retail Assistant – Casual We’re looking for an enthusiastic, reliable team member to support customers across our Sydney stores. Your key responsibilities: • Assist customers and provide product advice • Operate the register and handle transactions • Help with merchandising and stock management • Maintain a safe, clean store environment Essential: • Experience in retail, hospitality or customer service • Strong communication and teamwork skills • Attention to detail and a proactive approach We offer flexible shifts across weekdays and weekends. We welcome applicants from diverse backgrounds and are committed to building an inclusive workplace. Please send your CV and a short cover letter to careers@example.com by 10 July 2025.
What Can And Can’t You Say? Key Legal Requirements
Australian law doesn’t try to script your ad, but it does set boundaries. Here are the main areas to keep front of mind.
Anti-Discrimination And Equal Opportunity
- Don’t include criteria that directly or indirectly discriminate on protected attributes such as age, sex, race, disability, pregnancy, marital status, family/carer responsibilities, sexual orientation, religion or political belief.
- Avoid common red flags like “recent graduate,” “under 30,” “able-bodied,” “males preferred,” or “native English speaker” unless a lawful exemption clearly applies.
- Be thoughtful with “culture fit” language; describe values and behaviours (e.g. collaborative, safety-first) rather than personal traits that could exclude protected groups.
If you’re unsure what’s okay to ask or say later in the process, it helps to review examples of illegal interview questions before you shortlist and interview.
Truth In Advertising (Australian Consumer Law)
- Don’t advertise roles that don’t exist or exaggerate pay, benefits or progression. Misleading statements can raise issues under the ACL and contract law.
- If you mention commissions, bonuses, overtime or allowances, be clear about eligibility and how they’re earned.
For context on accuracy in statements, see this plain-English explainer of misrepresentation and how it can arise.
Employment Status And Minimum Standards
- State whether the role is full-time, part-time or casual. Unclear labelling can cause disputes about entitlements.
- Don’t advertise pay rates below the relevant minimum or award. If you reference an award, name it accurately and ensure the rate you list is compliant.
- Avoid “cash-in-hand” language; paying employees in cash can be lawful if taxes and entitlements are met, but advertising off-the-books work or below minimums is not. Read more about the risks of cash-in-hand arrangements.
ABNs, Trials And Unpaid Work
- Don’t require applicants to have an ABN unless you are genuinely engaging them as independent contractors (and the arrangement fits contractor criteria). Requiring employees to get an ABN is a red flag for sham contracting.
- Be cautious with “unpaid trials.” Limited, lawful unpaid trials can exist to demonstrate skills, but strict rules apply. Check the guide on unpaid work trials before referencing any trial periods.
Privacy And Candidate Data
- Collect only what you need at the application stage and store it securely.
- If your process involves collecting personal information through your website, make sure your Privacy Policy explains how you handle that data.
Compliant Vs Non-Compliant: Job Ad Examples You Can Use
Sometimes it’s easier to see the differences side-by-side. Here are two quick scenarios.
Job Ad Example #2: Non-Compliant (Avoid This)
“Looking for a young, energetic bartender to join our lively team (must be under 30). No parents or international students. Males preferred. Must speak English as first language. Immediate start. $15/hour cash. No experience required.”
What’s wrong here?
- Direct discrimination on age and sex, and indirect discrimination against people with family responsibilities and visa status.
- Potentially unlawful pay (below minimums), and “cash” phrasing suggests non-compliance with tax and entitlements.
- Language that excludes people based on national origin or background (e.g. “first language”).
Job Ad Example #3: Compliant And Candidate-Friendly
Bartender – Part-Time/Full-Time We’re seeking a proactive team member for our busy inner-city bar. You’ll be responsible for: • Serving customers and preparing beverages • Managing stock and assisting with setup/packdown • Following Responsible Service of Alcohol requirements Hospitality or customer service experience is valued but not essential. Training provided. We welcome applications from all backgrounds and we’re committed to a safe, inclusive, family-friendly workplace. Pay and conditions are in line with the Hospitality Industry Award. Please apply with your CV and a brief cover letter.
Why this works:
- Neutral, inclusive language that focuses on the duties and skills required.
- Clear statement that pay aligns with the applicable award (no “cash” or below-minimum language).
- Realistic responsibilities and a welcoming equal opportunity statement.
Practical Tips To Make Your Job Ads Stand Out
Compliance is the baseline. To convert the best candidates, focus on clarity, authenticity and the candidate experience.
Be Specific, Not Vague
Spell out the scope of work, the tools or systems they’ll use, and how success is measured. Specifics help candidates self-select and reduce mismatched expectations later.
Keep The Reading Level Accessible
Avoid jargon and acronyms unless they’re inherent to the role. Use short sentences and scannable bullet points. Candidates should quickly understand the role from a phone screen.
Show (A Little) Personality
Highlight a genuine perk or two - team rituals, volunteer days, flexible start times - without overselling. Candidates can spot hype from a mile away; authenticity attracts.
State The Process And Timelines
Tell candidates what to expect after they apply, from screening to interviews and decision dates. Respect for their time improves your brand and response rates.
Use Inclusive Formatting
- Avoid long text blocks; use headings and bullets.
- Check for readability with accessibility tools (contrast, font size) if you host the ad on your own site.
- Offer reasonable adjustments on request (e.g. alternate application formats) and say so in the ad.
Sense-Check Your Criteria Against The Role
Ask: is each requirement essential to perform the job safely and effectively? If not, move it to “desirable” or remove it. This reduces indirect discrimination risk and opens your pool.
Align Your Ad With Your Onboarding
Consistency matters. Ensure the ad, screening questions and your offers all match the role’s actual conditions, pay and duties. Once you’re ready to hire, have a compliant Employment Contract template ready to go so there’s no delay between a verbal yes and a formal offer.
Keep A Library Of Reusable Copy
Create a few approved paragraphs about your business and equal opportunity statement, plus a house style for responsibilities and selection criteria. This speeds up approvals and helps keep your ads compliant across different teams.
What Else Should You Prepare For Hiring?
A great ad is step one. To set up your process end-to-end, it helps to have the following documents and practices ready before you hit “publish”.
- Employment Contract: Sets out duties, pay, hours, leave, confidentiality, IP, policies and termination. Use a version tailored to full-time, part-time or casual hires and the relevant award.
- Workplace Policies: A staff handbook can centralise policies on conduct, safety, leave, IT use and complaints. Consistent policies reduce disputes and support fair processes.
- Privacy Policy: If you collect candidate data through your site or ATS, your Privacy Policy should explain what you collect, why and how it’s stored.
- NDA/Confidentiality: For senior roles or where applicants will access sensitive information during tasks or trials, an NDA can help protect your business.
- Interview Guide: Train interviewers and include a short list of do’s and don’ts to avoid inadvertently asking illegal interview questions.
- Legal Support: If you’re unsure about awards, classifications or unusual arrangements, it’s worth a quick chat with an employment lawyer so you start on the right footing.
Frequently Asked Questions
Can I specify physical requirements (e.g. “must lift 20kg”)?
Only if it’s genuinely necessary for the inherent requirements of the job (e.g. pick packing or removalist work). Consider whether reasonable adjustments could allow a person to perform the role safely before listing strict physical criteria.
Can I ask for “Australian experience” or a “native English speaker”?
Be careful. You can require a level of English that’s objectively necessary for the job, but avoid blanket statements that exclude people based on nationality or language background. “Australian experience” is rarely a lawful requirement on its own.
Is it legal to advertise an unpaid internship?
Unpaid work is only lawful in limited circumstances (genuine vocational placements or certain volunteer roles). If you’re thinking about trials or training, review the rules on unpaid work trials before including anything in your ad.
Should I include the pay rate in the ad?
You’re not always required to list a figure, but if you do, make sure it complies with minimums and any applicable award and that you state whether it’s base pay (and what’s included). Avoid vague claims like “top market salaries” unless you can substantiate them.
Key Takeaways
- Keep job ads inclusive and accurate - avoid discriminatory criteria and overstatements about pay, duties or progression.
- Be clear about employment status, hours and location, and ensure any pay you mention meets minimums and relevant awards.
- Avoid “cash-in-hand” or “ABN required” phrasing for employee roles; only reference ABNs where you’re genuinely engaging a contractor.
- Stick to role-related requirements and use an equal opportunity statement to signal inclusivity.
- Line up the rest of your hiring toolkit - an Employment Contract, policies, Privacy Policy and, where needed, an NDA - so you can move quickly once you find the right person.
- If in doubt about awards, classifications or unusual arrangements, a short chat with an employment lawyer can save time and risk later.
If you would like a consultation on creating compliant and effective job ads for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.








