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Sunday, November 27, 2022

Webinar Q&As: Employment Relations National Seminar Series | Changes to the Fair Work Act: What is in store for Employers? - Lexology

Piper Alderman provides the Answers in response to the Questions received during our Employment Relations National Seminar Series | Changes to the Fair Work Act: What is in store for Employers? Webinar on 16 November 2022.

To view the recording of the on demand webinar, please register here.

Pay secrecy

Q1: Does the prohibition of pay secrecy clauses apply to everyone (i.e. not just those covered by Awards)? And employers cannot require in employment contracts that employees keep their salaries confidential?

A1: Yes the proposed changes will apply to any employee covered by the Fair Work Act 2009 (Cth), not just Award-covered employees. An employer cannot enforce a pay secrecy clause in their contracts of employment if these proposals are ultimately made into law.

Q2: If somebody asks a Manager/HR to reveal what others in a similar role is receiving so that they can compare their offer, is there any obligation to do so?

A2: Under the proposed provisions, while there will be a right to ask, there will also be a right to not tell. Ultimately, employees would not be required to disclose their remuneration, and likewise would not be required to disclose someone else’s remuneration.

Q3: What about disclosure of bonus or annual salary review increases? Are we still able to advise staff in these letters that this should not be discussed with other employees?

A3: The Bill has been drafted to also include “any terms and conditions of the employee’s employment that are reasonably...



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