Pay secrecy clauses now unlawful

One of the more interesting features of the new Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 which came into force on 2 December 2022 and which amends the Fair Work Act is that provisions in employment contracts which purport to prohibit employees revealing their remuneration to colleagues (pay secrecy provisions) are prohibited and will henceforth be unenforceable.

Furthermore the legislative amendments also provide that discussing remuneration with colleagues will be the exercise of a workplace right and consequently employers will be prohibited from taking any adverse action against them for doing so.