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ARTICLE · 19 DECEMBER 2022

Secure Jobs, Better Pay Act – Pay secrecy and employment advertisements

Bartier Perry Solicitors
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The prohibition of pay secrecy clauses and job ads with unlawful rates of pay are provisions with immediate effect.

AustraliaEmployment and HR
James Mattson
James Mattson
Hannah Lawson
Hannah Lawson
Jessica Park (Formerly With Bartier Perry)
Jessica Park (Formerly With Bartier Perry)
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The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 received royal assent on 6 December 2022. In this bulletin, we explore two provisions that have immediate effect from 7 December 2022: the prohibition of "pay secrecy" clauses and job advertisements that include unlawful rates of pay.

Pay secrecy

The intent behind these particular amendments is to move towards closing the gender pay gap and eliminate discrimination in the workforce, by requiring greater transparency and accountability.

There are three elements to these new pay secrecy laws:

1. Right to disclose or not to disclose pay

Employees now have a right to disclose, or not to disclose:

(a) their remuneration; and

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