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Schedule 1—Amendments

Schedule 1 Amendments

   

Fair Work Act 2009

1  Paragraph 5(8)(b)

Omit “and high-income employees”, insert “, high income employees and certain terms that have no effect”.

2  Section 321

After:

Division 3 is about the guarantee of annual earnings that may be given to a national system employee whose earnings exceed the high income threshold. Modern awards do not apply to such an employee.

Insert:

Division 4 is about terms that have no effect.

3  At the end of Part 2-9

Add:

Division 4 Certain terms have no effect

333B   Terms prohibiting disclosure of pay have no effect

                   A term of a modern award, an enterprise agreement or a contract of employment has no effect to the extent that the term:

                     (a)  prohibits an employee from disclosing the amount of, or information about, the employee’s pay or earnings; or

                     (b)  permits, or has the effect of permitting, an employer to take adverse action against an employee if the employee discloses the amount of, or information about, the employee’s pay or earnings.

4  At the end of Schedule 1

Add:

Part 3—Amendments made by the Fair Work Amendment (Gender Pay Gap) Act 2015

13  Definitions

In this Part:

amended Act means this Act as amended by the Fair Work Amendment (Gender Pay Gap) Act 2015 .

14  Application of section 333B

Section 333B of the amended Act applies in relation to a modern award, enterprise agreement or a contract of employment that is in operation on or after the day on which this item commences, whether or not the award, agreement or contract was made or entered into before that day.