Because I don’t know where that quote is from, but that’s the date that Australia updated its laws to ban pay secrecy clauses. But the text there doesn’t look correct based on my memory from the time. I read the legislation back when it first passed, and my understanding was that:
From the date the bill became law, having a pay secrecy clause in any new contract would be illegal, regardless of whether or not there was ever an attempt to enforce it.
From the date the bill became law, pay secrecy clauses in any existing contracts should be considered unenforceable, and thus it would be illegal to attempt to enforce them.
Indeed I am, however that quote was taken from Fairwork (https://www.fairwork.gov.au/pay-and-wages/pay-secrecy), which is hope is correct considering it’s the main government sure for these sorts of things ahahaha.
It’s under the “When these rights apply” section.
I also variety remember looking at the legislature itself at the time and coming to the same conclusion.
A term of a fair work instrument or a contract of employment has no effect to the extent that the term would be inconsistent with subsection 333B(1) or (2) (about employee rights relating to pay secrecy).
333D
An employer contravenes this section if:
(a) the employer enters into a contract of employment or other written agreement with an employee; and
(b) the contract or agreement includes a term that is inconsistent with subsection 333B(1) or (2) (about employee rights relating to pay secrecy).
The term in the contract that says you may not disclose payment information “has no effect”. The only thing about December 2022 that’s relevant is that the employer hasn’t contravened the law by having a contract older than that with such a term in it; the term still has no effect (i.e., it would be illegal to enforce).
333C would seem to indicate that you are correct, however as it pertains to me making a living, it’s not something I’m entirely willing to test out, even if losing my minimum salary job wouldn’t exactly be the end of the world.
In any case, the fact that it was legal up until less than a year ago is egregious.
Wait are you Australian?
Because I don’t know where that quote is from, but that’s the date that Australia updated its laws to ban pay secrecy clauses. But the text there doesn’t look correct based on my memory from the time. I read the legislation back when it first passed, and my understanding was that:
Indeed I am, however that quote was taken from Fairwork (https://www.fairwork.gov.au/pay-and-wages/pay-secrecy), which is hope is correct considering it’s the main government sure for these sorts of things ahahaha. It’s under the “When these rights apply” section.
I also variety remember looking at the legislature itself at the time and coming to the same conclusion.
Yeah that text seems very misleading based on my reading of the legislation (PDF link).
The term in the contract that says you may not disclose payment information “has no effect”. The only thing about December 2022 that’s relevant is that the employer hasn’t contravened the law by having a contract older than that with such a term in it; the term still has no effect (i.e., it would be illegal to enforce).
333C would seem to indicate that you are correct, however as it pertains to me making a living, it’s not something I’m entirely willing to test out, even if losing my minimum salary job wouldn’t exactly be the end of the world.
In any case, the fact that it was legal up until less than a year ago is egregious.