Section 333B — Fair Work Act 2009: Employees not subject to pay secrecy

(1) An employee may disclose, or not disclose, any of the following information to any other person: (a) the employee’s remuneration; (b) any terms and conditions of the employee’s employment that are reasonably necessary to determine remuneration outcomes. Example: A condition of an employee’s employment that may be reasonably necessary to determine remuneration outcomes includes the number of hours that the employee works. (2) An employee may ask any other employee (whether employed by the same employer or a different employer) about any of the following information: (a) the other employee’s remuneration; (b) any terms and conditions of the other employee’s employment that are reasonably necessary to determine remuneration outcomes. (3) For the avoidance of doubt: (a) each of the rights in subsections (1) and (2) is a workplace right within the meaning of Part 3-1; and (b) a person is not prevented from exercising any of those workplace rights because the person, or another person, is no longer an employee of an employer. Note 1: The general protections provisions in Part 3-1 also prohibit the taking of adverse action by an employer against an employee because of a workplace right of the employee under this Division. Note 2: See subsection 341(3) for the extension of workplace rights to prospective employees.