I see two distinct issues here:
1) Company filling new positions
2) Deciding whether or not to take a pay cut.
Re (1) - this is going to happen regardless, if they have a real need and nobody internal can fill the position.
Re (2) - legalities and tehnicalities to one side, my view is that this is a gamble. The risk is if you don't sign, you could be singled out (as I said, legalities and technicalities to one side). The choice is of course, like any job, you don't have to stay there. You always have the choice to leave and go elsewhere. At the end of the day, in private industry, we are all playing the market.