AustraliaI want to negotiate better pay with my colleagues. Can my employer stop us?
No, your employer cannot lawfully stop you and your colleagues from negotiating better pay together — this is protected industrial activity under the Fair Work Act.
What the Law Says
The Fair Work Act 2009 (Cth) protects employees’ rights to engage in collective workplace advocacy, including negotiating pay with colleagues.
Under Australian law, it is unlawful for an employer to take adverse action against an employee because they are exercising a workplace right — including the right to discuss or negotiate terms and conditions of employment with other employees.
This protection applies whether the negotiation happens informally (e.g., over lunch), via a group email, or in preparation for bargaining with the employer. It does not require union involvement.
Adverse action includes dismissal, injury in employment, demotion, discrimination, or any other detriment — and employers who breach these protections face significant penalties.
Statutory TextA person must not take adverse action against another person who is an employee… because the employee has exercised a workplace right.
— Fair Work Act 2009 (Cth), s. 346 — Protection from adverse action
Statutory TextWorkplace right means… the right to make a complaint or inquiry in relation to the employee’s employment.
— Fair Work Act 2009 (Cth), s. 341(1)(c) — Definition of workplace right
Statutory TextAdverse action includes… injuring the employee in his or her employment; altering the position of the employee to the employee’s prejudice; discriminating between the employee and other employees.
— Fair Work Act 2009 (Cth), s. 342(1) — Definition of adverse action
What to Do
Talk openly with your colleagues about pay and working conditions — this is a protected workplace right.
If your employer warns, disciplines, or otherwise punishes you for discussing pay, record what happened (date, time, people involved, what was said).
Lodge a general protections application with the Fair Work Commission within 21 days of the adverse action.
Seek free advice from the Fair Work Ombudsman or a union before taking formal steps.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.