Are your employment contracts ready for a proposed Bill banning non-competes and co-worker poaching clauses?
Companies invest significantly in their business, clients and employees to create a prosperous sustainable enterprise. An important and valid part of business is having reasonable post-employment restraints to protect that investment from departing employees competing unfairly.
Things are about to change significantly. The Federal government has published its exposure draft of the Competition and Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026. The changes directly attack the investment businesses make and represents one of the most significant workplace reforms in recent times.
The Unfair Non-Competes Bill seeks to amend the Fair Work Act 2009 (Cth) to essentially outlaw two types of common post-employment restraints, with significant consequences for employers. These consequences include business being more prone to the poaching of talent from the inside. There are other important changes, including to cascading clauses. Employers need to pivot and get ready for these changes.
In this article, we will focus on explaining the proposed amendments to the Fair Work Act.
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