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Australia: Pay Secrecy Clauses No Longer Allowed

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) amends the Fair Work Act 2009 (Cth) (Act) by introducing, among other things, measures to secure equal pay objectives for employees, including to address the gender pay gap by prohibiting pay secrecy in Australia. The amendments prohibiting pay secrecy became law on 7 December 2022.

This article summarises what employers need to know about the new prohibitions on pay secrecy and recommends some steps employers can take to avoid contravening the prohibitions.

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