Results 1 to 2 of 2
  1. #1
    Join Date
    Aug 2007
    Location
    Melbourne, Australia
    Posts
    453

    Default Restraint clauses and Awards

    Does anyone know whether industrial awards have any affect on a restraint clause in an employment contract, or they completely separate?

    I'm asking because a friend who has been employed under an award and has been made redundant, has restraint clauses in his employment contract which appear to be unreasonable, as they preclude him from working with any competitor of his previous employer, for an extended period of time.

    Aside from how a court would view these clauses, I wondered whether an award interacts with such clauses in an employment contract.

  2. #2
    Join Date
    Jul 2007
    Location
    Canberra
    Posts
    54

    Default

    The effect of the award and the contract will be separate.

    Awards set out the entitlements and obligations that apply to a particular instance of employment of a worker by an employer. With the exception of "Transfer of business" provisions in some awards (where connected periods of employment make a difference to entitlements), I can't think of any instances where Modern Awards make any reference to other employment of a worker aside from the role covered by the award. Of course, most people will have other roles later in their career, or simultaneously (especially part-time or casual workers) but the "other" employment is not canvassed in Modern Awards as it is not relevant to the "primary" employment covered by the award.

    In a contract, a worker cannot "sign away" a right that they have under legislation or under an applicable award. However, as "other employment" is not covered by awards, the parties to a contract of employment are free to make any agreement that they consider reasonable about "other employment" that the worker might undertake.

    The key issue will be whether or not the restraint of trade provisions in the contract were valid and reasonable. If push comes to shove, this is something that the courts may have to decide.

    Greg

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Senior Project Officer (People & Culture), Clerk 9/10 - to 2022 - Parramatta
Posted on 14 Jul 2020 at 2:37am

Employee Relations Consultant - Contract - Adelaide
Posted on 14 Jul 2020 at 2:03am

HR Systems Analyst - Contract - Northern Suburbs Melbourne
Posted on 14 Jul 2020 at 2:03am

HR Business Partner - Se Suburbs Melbourne
Posted on 13 Jul 2020 at 11:03pm

HR Business Partner - 12 mth Contract - Sydney CBD
Posted on 13 Jul 2020 at 11:03pm

EL1 Recruitment and Diversity Manager - Canberra
Posted on 13 Jul 2020 at 11:03pm

E-learning Specialist - Contract - Canberra
Posted on 11 Jul 2020 at 8:03am

APS5/6 Human Resources Officer - Contract - Canberra
Posted on 11 Jul 2020 at 7:03am

HR and Recruitment Manager - Brisbane CBD
Posted on 10 Jul 2020 at 2:03am

HR Manager - Manufacturing - Kingaroy (SE Queensland)
Posted on 10 Jul 2020 at 1:03am

Work Health & Safety Advisor - Contract - Melbourne CBD
Posted on 10 Jul 2020 at 2:03am

Senior Advisor (AO6 Level) Disaster Resilience and Operations - Contract - Br...
Posted on 9 Jul 2020 at 2:03am

HR Generalist - Contract - Townsville
Posted on 8 Jul 2020 at 7:03am

Global Health & Safety Manager - Western Sydney
Posted on 8 Jul 2020 at 4:03am

Senior Human Resource Officer (Role Design) - Western Sydney
Posted on 8 Jul 2020 at 6:03am


 

Powered by vBadvanced CMPS v4.2.1