New Pay Secrecy and Job Ad Legislation 

As part of the Federal Government’s Secure Jobs, Better Pay legislation, passed in December 2022, new laws relating to pay secrecy and job advertisements now apply. 

The new laws... 

  • Give employees the right to disclose or not disclose information about their pay 

  • Ban pay secrecy terms in employment contracts and other workplace instruments (e.g. award, enterprise agreement) 

  • Prohibit job advertisements with pay rates lower than the corresponding legal minimum 

 

Disclosing pay and conditions 

Effective from 7 December 2022 

Under the Fair Work Act, employees have the right to either share or not share information about their... 

  • Pay

  • Employment terms and conditions that would be required to figure out their pay, such as working hours 

This sharing of information applies to anyone – managers, other employees, or anyone outside of the workplace. Employees can also exercise these rights when they leave employment.  

Further, employees have the right to ask other employees about their pay and employment terms and conditions.  

Pay secrecy terms 

Effective from 7 June 2023 

From 7 June 2023, employment contracts or other workplace agreements (e.g. awards, enterprise agreements) that were entered into on or after 7 December 2022 cannot contain pay secrecy terms that are inconsistent with the new employee rights outlined above – see ‘Disclosing pay and conditions’.  

Pay rates in job advertisements 

Effective from 7 January 2023 

Job advertisements cannot include pay rates that breach the Fair Work Act or a fair work instrument (e.g. award, enterprise agreement). Advertised rates must meet or exceed the corresponding legal minimum entitlements.  

The law applies to all advertisements from 7 January 2023, regardless of when the advertisement was originally posted.  

Please visit Fair Work for more information:

Alicja Gibert