Pay Secrecy in Australia: What You Need to Know About Your Right to Talk About Pay
For too long, conversations about wages have been shrouded in silence, often leaving workers—especially Aboriginal and Torres Strait Islander people—disempowered and unsure of their rights. One of the biggest myths in Australian workplaces is that you can’t talk about your pay. Let’s be clear: you now have a legal right to share—or not share—your pay information.
Recent reforms to the Fair Work Act 2009 mean that pay secrecy clauses are no longer enforceable. And that’s a win for equity, fairness, and transparency.
What is Pay Secrecy?
Pay secrecy refers to a workplace rule, policy, or contract clause that restricts employees from discussing their pay or employment conditions with others.
These clauses have historically been used by employers to suppress open discussions, sometimes hiding pay disparities between employees—particularly across gender, race, or job classification lines.
But as of 7 December 2022, and even more powerfully from 7 June 2023, changes to Australian law mean employees are now protected in speaking about their pay without fear of punishment or breach of contract.
“If we can’t talk about our wages, how can we ever know if we’re being treated fairly? Pay secrecy only protects inequality. The truth sets workers free.” – Edward Solien, Indigenous Job Match Founder
Your New Workplace Rights Under the Fair Work Act
According to the Fair Work Ombudsman, you now have the right to:
Share your pay information with other employees
Ask other employees about their pay and conditions
Choose not to share your pay details
These rights apply whether your employment agreement is new or existing. From 7 June 2023, even if your contract includes a pay secrecy clause, that clause is void and unenforceable.
Why This Matters for Aboriginal and Torres Strait Islander Workers
Historically, our mob has experienced systemic discrimination and pay inequities in many workplaces—often quietly and without recourse. Without transparency, how do we know if two people doing the same job are being paid equally?
“When mob talk to mob, we build power. Pay secrecy kept us silent for too long. This change means we can protect each other and call out injustice.”
Being able to discuss pay is a tool of self-determination. It helps identify wage gaps, challenge discrimination, and hold employers accountable to fair and equitable treatment.
Are There Any Limits?
It’s important to note that these rights are protected, but employers can still:
Prohibit discussions about pay if they are not related to your own conditions (e.g. spreading rumours)
Discipline staff for breaching confidentiality in unrelated areas (like disclosing trade secrets or client information)
But when it comes to your own pay and terms, the law is clear: you are allowed to speak up.
“Knowledge is power. Talking about your pay isn’t just your right—it’s your responsibility to yourself and to others.”
What About Job Ads and Pay Transparency?
The new legislation also prohibits employers from advertising jobs without a pay rate or salary range unless they have a valid reason. This helps job seekers, particularly First Nations people, avoid roles that underpay or undervalue their skills.
💡 Tip: If you see a job listing without pay details, it could be a red flag.
What Should You Do If You’re Pressured Not to Talk?
If your employer discourages you from discussing your pay:
Know your rights. Refer them to the Fair Work Act 2009 and Fair Work Ombudsman guidance.
Seek advice. You can contact:
Your union
Indigenous Jobs Match (IJM) for support and workplace advocacy
Document everything. If you face retaliation or threats, keep written records and escalate through appropriate channels.
Indigenous Job Match’s Commitment to Pay Equity
At Indigenous Jobs Match, we believe transparency is a vital part of closing the pay gap and building economic strength in our communities. We’re proud to support candidates in understanding their rights and calling out discrimination when they see it.
“We’re not just helping our people get jobs—we’re making sure those jobs are fair, safe, and empowering.”
More Resources
“Mob deserve transparency, fairness, and dignity at work. Talk about your pay. Lift each other up. And remember—what we tolerate today, our next generation will inherit tomorrow. Let’s break the silence.”
