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Workplace Relations
06 Jun 2024
Non-Competes and Other Restraint Clauses
ACCI has lodged its submission in response to the Treasury Issues Paper on Non-Compete and Other Restraint Clauses, which is accessible here.
Contrary to the impression provided by the Issues Paper, the vast majority of non-compete and other restraint clauses are unenforceable at common law. Our legal system deals with these matters in a sensible and reasonable fashion already.
ACCI’s submission outlines how the court will only enforce a restraint where it protects a legitimate business interest, only to the extent reasonably necessary to protect those interests.
ACCI has urged the government to simply codify the current common law concerning non-compete and non-solicitation clauses in an employment context only.
DEWR Consultations on Regulated Workers
The Department of Employment and Workplace Relations has released discussion papers on the Digital Labour Platform Deactivation Code and the Road Transport Industry Termination Code. The discussion papers can be accessed here.
The two codes stem from the Closing Loopholes Bill changes and accompany the new regulated work regime for road transport contractors and employee-like workers. They will act as a tool to determine whether a deactivation from a digital labour platform or a termination of a contract was fair.
The department seeks submissions from interested parties by 11 pm AEST on Thursday, 27 June 2024. The submission process will be confidential and not published on the department’s website. ACCI will be making a submission, and anyone interested in contributing should contact the Workplace Relations Team.
International Labour Conference
ACCI President Mark Birrell AM and ACCI Directors Jessica Tinsley and Jennifer Low are attending the 112th Session of the International Labour Conference in Geneva. ACCI is the sole Australian employer body at this important international event.
The conference sets the international labour standards and the broad policies of the ILO. It meets annually in Geneva.
Often called an international parliament of labour, the conference is also a forum for discussing key social and labour questions.
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