Pay secrecy is a topic that that has both legal and personal aspects. Some employees are willing, or even eager, to discuss their pay with others. Some employees view their pay as a personal and confidential matter and prefer not to disclose their remuneration.
In the past, some employers have sought to restrict employees from discussing their pay with others. However, since 7 December 2022 the Fair Work Act has prohibited employers from preventing an employee from talking about their own pay.
Pay secrecy prohibition in the Fair Work Act
From 7 December 2022 pay secrecy provisions in the Fair Work Act state that employees have a workplace right to:
Disclose, or not disclose, their remuneration to others
Ask other employees about their remuneration (who then have a right to disclose or not disclose that information).
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