s344: s 344 No undue influence or pressure on employee decisions
An employer does not exert undue influence or pressure on an employee's decision to make or not make an NES agreement or arrangement or an arrangement under a permitted award or agreement term, to agree to or terminate an IFA, to accept a guarantee of annual earnings, to agree or not to a deduction, or to consent to a keeping in touch day.
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s344. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Process giving employees time and information before signing IFAs, deductions or cashing-out agreements; Records that agreements were offered without deadlines or threats; Employee acknowledgement of voluntary agreement
What usually goes missing
IFAs signed on the spot at induction; Deduction authorities required as a condition of continued work; Repeated requests after refusal
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.