Amendments to the Fair Work Act 2009 (Cth) (FW Act) in December 2022, introduced prohibitions on pay secrecy terms in employment contracts and enterprise agreements. The Government put forward that the purpose of the changes was to work towards creating equality in the workplace and bridging the gender pay gap.
Section 333B of the FW Act affords employees the choice to disclose, or not disclose, information relating to their pay, as well as terms and conditions of employment that relate to ‘remuneration outcomes’. Additionally, section 333D of the FW Act prohibits employers from entering into an agreement with an employee that contains terms regarding pay secrecy.
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