On 20 August 2025, the Employment Relations (Employee Remuneration Disclosure) Amendment Bill (the Amendment Bill) passed its third reading. The Amendment Bill will receive Royal Assent and be formally introduced into law in the coming weeks.

The Amendment Bill will permit employees to disclose how much they are paid, and employers will be prohibited from taking retaliatory action in response. The Amendment Bill aims to increase pay transparency to help identify and remedy pay-based discrimination, such as gender and ethnic pay gaps. 

Any employer engaging in “adverse conduct” in direct relation to a remuneration disclosure may be subject to a personal grievance claim. Adverse conduct includes dismissal, offering different terms of employment, or any other negative differential treatment. 

Employment agreements with pay secrecy clauses will not be unlawful (and do not need to be amended), but the pay secrecy clauses will not be enforceable. However, employers should avoid including pay secrecy clauses in future employment agreements. 

If you would like more information on how the Amendment Bill affects your business, please contact one of our experts. 

This article was co-authored by Dan Stockton, a Law Clerk from our Employment team.