Pay secrecy – What’s it all about?

South Australian Business News  •  Industrial Relations
Elisa Luck
Thursday, March 13th 2025
Pay secrecy

Did you know that the Fair Work Act gives employees and future employees the right to share (or not share) information about their pay and employment conditions? Employees can also exercise these workplace rights even after their employment ends.

There are also laws that stop employers including these terms in employment contracts or other written agreements with an employee. If these terms are included in a contract or other instrument listed above, the terms have no effect and can’t be enforced.

However, pay secrecy terms in some employment contracts entered before 7 December 2022 may still apply. What will determine if these terms are allowed or not, and if they still have effect or not, is: 

  • when the contract was made or changed
  • whether the contract included pay secrecy terms when it was made.

Need more information? Join us for an informative FREE webinar on 18 March 2025 at 10:30am where we will cover off on pay secrecy, flexible work arrangements, job advertisements and right disconnect. Register here.

Need help in working through pay secrecy in your workplace? South Australian Business Chamber Members can call our Business Advice Hotline on (08) 8300 0000 (select option 1).

Author

Elisa Luck

General Manager, Programs and Consulting
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