Reminder: Pay Secrecy terms in contracts prohibited
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From 7 June 2023 pay secrecy terms cannot be included in employee contracts or written agreements in any way. Pay secrecy terms that are included in employment contracts entered into on or after 7 December 2022 have no effect and can’t be enforced. Pay secrecy terms cannot be included in other new written agreements and employers could face penalties if they include them.
An example of common pay secrecy terminology used in contracts may include, “the terms and conditions of this agreement are confidential and must not be disclosed to any other person”.
Where an employment agreement with pay secrecy terms was entered into before 7 December 2022, these terms will continue to operate until those contracts are varied.
For example, Rachel works in a private practice and entered into an employment contract in September 2021. Rachel’s contract has a pay secrecy term that prevents her from discussing her pay (such as weekly wage and annual bonuses) with other employees. Rachel’s pay secrecy term is still in effect because she agreed to it before 7 December 2022 and the contract has not been updated.
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Workplace Relations Support can help you with any questions you may have with what to pay your staff on public holidays coming up in the future. You can contact us via phone (07) 3872 2222 and email support workplacerelations@amaq.com.au. |
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