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Speaker 1: Now you can officially tell anyone right now what you're

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Speaker 1: getting paid, because a new law passed last night that

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Speaker 1: ends the right of employers to place gag orders on

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Speaker 1: staff talking about their salaries. Jordan Boyle is an employment

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Speaker 1: lawyer at Diabeg Drayton Law and with us.

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Speaker 2: Hey, Jordan, how you going arm?

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Speaker 1: Well, thank you? So, if you've got the contract, the

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Speaker 1: clause in your contract that gags you, you can now

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Speaker 1: just ignore it.

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Speaker 2: Well to a certain extent the law prohibits. The new

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Speaker 2: law prohibits employers from taking adverse action that's defined in

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Speaker 2: the act, and essentially it's basically stopping you from being

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Speaker 2: promoted or afforded the same terms and conditions of other employees.

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Speaker 2: There are potentially actions that employers could take in terms

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Speaker 2: of breach of contract if they felt like they were

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Speaker 2: damaged by an employee disclosing their remuneration. That'll be something

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Speaker 2: interesting in terms of how case lor develops.

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Speaker 1: What do you foresee them like, what would be the

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Speaker 1: reason for them being able to do that?

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Speaker 2: Well, perhaps if an employee disclose that in bad faith,

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Speaker 2: maybe to a competitor or something to try and undermine

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Speaker 2: an employer's business, that could be something that an employer

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Speaker 2: might choose to take action against, but it sort of

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Speaker 2: prevents basically employees from having not having the same terms

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Speaker 2: conditions as other employees and their employment might have.

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Speaker 1: Do you think employers have to brace themselves now for

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Speaker 1: a whole bunch of grumpy employees turning up because they've

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Speaker 1: been sharing their payover office strengths.

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Speaker 2: I think the first question is will people actually change

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Speaker 2: their behavior in terms of disclosing their pay. Obviously some

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Speaker 2: employers had these clauses, but they're not particularly common. It's

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Speaker 2: not something I see a lot in my practice, and

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Speaker 2: I think we already have a bit of a culture

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Speaker 2: in terms of your pay is private for a lot

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Speaker 2: of people, and they don't necessarily disclose that to other employees. Now,

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Speaker 2: the people may feel a little bit more freedom to ask,

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Speaker 2: but you don't have to share. But people may choose

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Speaker 2: to share. And then, yeah, employers may face some difficult

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Speaker 2: conversations where they might have to justify their decisions as

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Speaker 2: to why someone's paid.

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Speaker 1: But can they can they though Jordan? Because what if

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Speaker 1: you go to the boss and you go, well, Laura

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Speaker 1: is getting paid more than me, and I don't think

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Speaker 1: that's fair. Can the boss actually tell you why they're

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Speaker 1: paying Laura more or is that is there a privacy

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Speaker 1: privacy problem there?

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Speaker 2: Well, I think it really comes down to why they're

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Speaker 2: paying Laura more than someone else, and they probably should

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Speaker 2: more focus on your performance and the reasons why you

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Speaker 2: are paid what you are paid.

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Speaker 1: Which is a very bumming out conversation, isn't it.

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Speaker 2: Yeah, to an extent, it's sort of hard to say, well,

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Speaker 2: Laura is better at a job than you, or Laura

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Speaker 2: Laura smashes it. It's probably more to say, you know,

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Speaker 2: there's some areas you can improve if you want to

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Speaker 2: get paid, but there are obviously a range of factors.

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Speaker 2: You know, it can be performance, it can come down

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Speaker 2: to whether someone was you know, poach from a competitor,

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Speaker 2: and sometimes you just got to pay more when you

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Speaker 2: go to the market than what you might be paying

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Speaker 2: a current employee, for example.

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Speaker 1: It'd be so gnarly Jordan, thanks very much, appreciate it,

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Speaker 1: Jordan Boyle, Employment lawyer Die berged great lord. I think

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Speaker 1: employers need this like a hole in the head. For

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Speaker 1: more from Hither Duplessy Allen Drive listen live to news talks.

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