Leading employment lawyer told HRD what to expect in proposed changes
The Federal Governement announced in May it would move to ban "unfair" non-compete clauses that affect about three million Australian workers.
A leading employment lawyer has told HRD what can be done to stay ahead of the curve and avoid legal vulnerabilities.
“The government has signalled a really clear intention to regulate and restrict non-compete restraints for those earning below the high income threshold, but we’re still asking questions about how – or if – this will expand to things like further restrictions into non-poaching provisions,” Angela Weber, Partner at King & Wood Mallesons, told HRD.
“It’s clear this area is seen as one requiring reform – we just need to make sure we’re ahead of that so we can react to whatever the changes determine.”
The rationale of the changes, Weber outlined, relates to worker and job mobility to allow workers to freely move between different roles and maximise their earning capacity.
Speaking ahead of her session at the Employment Law Masterclass, Weber cautioned that this isn’t necessarily what employers want to see and that there are multiple factors that need to be considered.
“Stakeholder feedback that I’ve heard seems to look towards a broad consensus that there’s an appropriate interest in employers wanting to restrict the activities of full-time employees.”
“Their working hours, for example, should be regarded as being devoted to your particular form of...
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