s333B-333D: ss 333B to 333D No pay secrecy terms
Employees may disclose, or not disclose, their remuneration and terms needed to determine remuneration outcomes (including hours) and ask other employees about theirs; these are workplace rights protected by Part 3-1. Pay secrecy terms in contracts and instruments have no effect, and an employer contravenes s 333D if it enters into a contract or written agreement with an employee that includes a term inconsistent with those rights.
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s333B-333D. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Review of employment contract templates and policies removing pay secrecy clauses; Confidentiality clauses carved out for remuneration disclosure; Manager guidance that employees may discuss pay
What usually goes missing
New contracts still containing remuneration confidentiality clauses; Employees disciplined for discussing pay; Codes of conduct restricting pay discussions
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.