As we come into the silly season, employees may notice something extra in their bank account – a work bonus!
If you’re especially lucky, you may have scored a pay increase, too.
This will likely be great news for you, but you might be worried about saying too much at work.
Your company might have told you that your bonus and pay increase are confidential and that you must not discuss either with anyone.
But did you know the law changed in 2022, giving employees greater rights around pay discussions?
Information Age answers your questions about pay secrecy, bonuses, and pay increases.
I received a bonus this year at work. Am I allowed to talk about it with my colleagues?
Legally, yes – if you entered into your contract after 7 December 2022.
If you entered into your contract before this date and don’t have a pay secrecy clause, then you can also go for it.
But whether you choose to share that information with is up to you.
Employees cannot be forced to give this information to colleagues if they don’t want to.
What if my employer tells me my bonus is confidential and that I am not allowed to discuss it?
If you signed your employment contract after 7 December 2022, then your employer is not allowed to include a pay secrecy clause and cannot prevent you from discussing it with others.
If you entered into a contract before this date, and you have a pay secrecy clause in your contract, then that clause continues to apply until the employer amends your contract.
In the meantime, you cannot discuss it.
Can my workplace take action against me for talking about my bonus, even though they told me not to?
No. They can’t dock your pay, terminate your employment, or reprimand you in any way.
If a colleague asks me if I got a bonus, do I have to tell them?
You are welcome to talk about your bonus, if you signed your contract after 7 December 2022.
But there is no obligation on you to share anything you don’t feel comfortable sharing, regardless of who asks you.
I scored an increase in my pay. Am I allowed to share how much my pay went up?
Of course – if you signed your contract after 7 December 2022, or if you signed before that and don’t have a pay secrecy clause in your contract.
In 2022, Fair Work changed the law so that pay secrecy became a thing of the past.
Employees have the right to share information about their pay, and the employment terms and conditions that were used to work out that pay.
But employees cannot be forced to share that information with anyone.
It’s completely up to you.
I started with my employer in March 2021 and have a pay secrecy clause in my contract. Can I just ignore it now?
If you entered into an employment contract prior to 7 December 2022, then that contract stays in play – you cannot discuss your salary or conditions of employment.
If your contract is changed by your employer after this date, then pay secrecy clauses don’t apply.
I’m about to accept a new job at a different company but the contract stipulates I cannot discuss the salary with anyone.
From 7 June 2023, employers have not been allowed to include secrecy clauses in contracts.
You need to go back to the employer and ask them to remove this clause and supply an amended contract.
If they say they won’t, don’t worry – pay secrecy clauses included in contracts after this date have no effect and can’t actually be enforced.
Can my employer get into trouble for telling me I can’t discuss my pay or bonus?
Employers who continue to include pay secrecy terms in contracts, or tell employees they cannot discuss bonuses or pay increases, could face penalties.
The Fair Work Ombudsman has the power to commence court proceedings for breaches of these rules.
Employees can make anonymous reports to Fair Work about their employer.
The information in this article is general in nature. You should refer to a workplace lawyer for personal advice.
* Depending on when you entered your employment contract.
