Reminder: Pay secrecy terms in contracts prohibited

Pay secrecy terms cannot be included in other new written agreements and employers could face penalties if they include them. 

An example of common pay secrecy terminology used in contracts may include, “the terms and conditions of this agreement are confidential and must not be disclosed to any other person”.

Where an employment agreement with pay secrecy terms was entered into before 7 December 2022, these terms will continue to operate until those contracts are varied. 

For example, Rachel works in a private practice and entered into an employment contract in September 2021. Rachel’s contract has a pay secrecy term that prevents her from discussing her pay (such as weekly wage and annual bonuses) with other employees. Rachel’s pay secrecy term is still in effect because she agreed to it before 7 December 2022 and the contract has not been updated. 

If you have any questions about this update, please get in contact with the Workplace Relations Team. 

	Workplace Relations Support  Workplace Relations Support AMA Queensland members with general queries you may have about the legislative updates occurring this year. You can contact us via phone (07) 3872 2222 and email support workplacerelations@amaq.com.au.
	Workplace Relations Toolkit  Workplace Relations Toolkit subscribers receive updated contract templates that are reviewed by lawyers to ensure they are legally compliant with current legislation.
	Workplace Relations Consultancy Workplace Relations Consultancy can review your current contract templates to asses if they are up do date with current legislation or require amendments.