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An employer has failed in its bid to conceal a client list in its new enterprise agreement, after the Fair Work Commission found this could potentially lead to breaches of pay secrecy prohibitions.

As part of its application for approval of a single enterprise agreement, Equans Electrical and Communications sought a redaction of its 'master service agreements' list, claiming it was "commercially sensitive".

Deputy President Theresa Dobson noted that such information could be subject to orders restricting publication and disclosure "where their exposure in the course of litigation may result in a litigant suffering the injustice of detriment at the hands of a competitor"...