s345: s 345 No false or misleading representations about workplace rights
A person does not knowingly or recklessly make a false or misleading representation about another person's workplace rights or about the exercise or effect of exercising a workplace right, unless the person would not be expected to rely on it.
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s345. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Review of HR communications, handbooks and scripts for accuracy about entitlements; Correction records for inaccurate statements; Manager training on accurate entitlement information
What usually goes missing
Telling casuals they have no leave entitlements at all; Telling employees they cannot contact the Fair Work Ombudsman; Misstating eligibility for flexible work
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.