Pay act8/11/2023 ![]() In addition, under the changes introduced by the Secure Jobs, Better Pay Act: So, for example, an employer cannot take adverse action (including disciplinary action) against an employee because they have disclosed their remuneration or other relevant terms to another person or have asked another employee to disclose their remuneration. The Explanatory Memorandum states that the purpose of the amendments is to allow employees “to use this information to assess whether their remuneration is fair and comparable to those of other employees in the same workplace or industry”.īecause the changes constitute new workplace rights under the FW Act, the protections against adverse action provided under section 340 of that Act extend to those rights. However, employees are not compelled to disclose information if they are requested to do so. ![]() In effect, the amendments create a new workplace right which allows employees to ask one another about and disclose their remuneration and other terms and conditions of employment that are reasonably necessary to determine remuneration outcomes. The Secure Jobs, Better Pay Act amends Chapter 2 of the FW Act (Terms and Conditions of Employment) to insert new provisions about the disclosure of remuneration and prohibiting pay secrecy. The Secure Jobs, Better Pay Act was passed by both Houses of Parliament on 2 December 2023, and the changes in relation to pay secrecy came into effect on 7 December 2022. ![]() In the third of our updates on the changes to the Fair Work Act 2009 ( FW Act) arising from the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 ( Secure Jobs, Better Pay Act), we take a look at the new provisions prohibiting pay secrecy.
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