Section 59 — Fair Work Act 2009: Pay secrecy

(1) Section 333B of the amended Act applies after commencement in relation to an employee if: (a) the employee’s contract of employment is entered into on or after commencement; or (b) the employee’s contract of employment is entered into before commencement and does not include a term that is inconsistent with subsection 333B(1) or (2) of the amended Act. (2) If: (a) an employee’s contract of employment is entered into before commencement; and (b) the contract includes a term that is inconsistent with subsection 333B(1) or (2) of the amended Act; and (c) after commencement, the contract is varied at a particular time; section 333B of the amended Act applies in relation to the employee after that time. (3) Section 333C of the amended Act applies after commencement in relation to a fair work instrument made before, on or after commencement. (4) Section 333C of the amended Act applies after commencement in relation to a contract of employment if: (a) the contract is entered into on or after commencement; or (b) the contract is entered into before commencement and does not include a term that is inconsistent with subsection 333B(1) or (2) of the amended Act. (5) If: (a) a contract of employment is entered into before commencement; and (b) the contract includes a term that is inconsistent with subsection 333B(1) or (2) of the amended Act; and (c) after commencement, the contract is varied at a particular time; section 333C of the amended Act applies in relation to the contract after that time. (6) Section 333D of the amended Act applies after the 6-month period beginning on commencement in relation to a contract of employment entered into on or after commencement.