Pay Transparency

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 introduced new protections against pay secrecy, effective 7 December 2022. Sections 333B to 333D of the Fair Work Act now give every employee the right to disclose (or not disclose) their pay and conditions to any person. Employers cannot include pay secrecy clauses in new employment contracts. Any pay secrecy term in an existing contract entered into on or after 7 December 2022 has no effect, as if the term did not exist. For contracts entered into before that date, existing pay secrecy clauses remain technically in force but cannot be enforced against an employee who chooses to disclose their pay; the new workplace right overrides the contractual term. Since 7 June 2023, an employer who includes a new pay-secrecy term in a contract can also face a civil penalty (section 333D).

We have the legal right to discuss our salary, hourly rate, overtime payments, bonuses, and any other remuneration with colleagues, friends, family, unions, or anyone else. We also have the right to choose not to disclose, the protection works both ways. No one can compel us to share our pay details. Exercising this right is a “workplace right” under section 341 of the Fair Work Act. That means our employer cannot take adverse action against us for discussing pay, no dismissal, no demotion, no change to duties, no threats. If they do, section 361 creates a reverse onus of proof: the employer must prove the action was not because of our pay disclosure.

Talk to colleagues. Not as a confrontation, but as a conversation. When we share salary information, we build a picture of what our work is actually worth, and where the gaps are. Ask: “Do you mind if I ask roughly what you’re on? I’m trying to understand whether our pay is in line with the Award.” If we discover inconsistencies, the UAW salary survey is building the industry-wide dataset we need to push for transparency at scale. If an employer retaliates against us for discussing pay, or if a new contract includes a pay secrecy clause, contact us. That is unlawful, and we can help.