Results 1 to 2 of 2
  1. #1
    Join Date
    Aug 2007
    Location
    Melbourne, Australia
    Posts
    435

    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
    41

    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
  •  
HR Administrator - Blacktown
Posted on 24 Jul 2017 at 8:03am

HR Advisor - Contract - Brisbane
Posted on 24 Jul 2017 at 7:05am

Learning & Development Consultant - Professional Services - Sydney
Posted on 24 Jul 2017 at 7:05am

Employee Relations Consultant - Sydney
Posted on 24 Jul 2017 at 6:05am

Project Officer - AO5 - Contract - Brisbane
Posted on 24 Jul 2017 at 5:05am

Principal Project Officer - AO7 - Contract - Brisbane
Posted on 24 Jul 2017 at 4:05am

HR Manager - Central Sydney
Posted on 23 Jul 2017 at 11:05pm

ER Team Leader - Melbourne - South East
Posted on 23 Jul 2017 at 4:05pm

HR Operations Leader - Melbourne - South East
Posted on 23 Jul 2017 at 3:05pm

Learning and Development Coordinator - Sydney CBD
Posted on 21 Jul 2017 at 8:41am

Learning and Development Advisor - Sydney CBD
Posted on 21 Jul 2017 at 8:28am

Remuneration and Benefits Consultant - 12 mth Contract - North Sydney
Posted on 21 Jul 2017 at 6:16am

Recruitment Coordinator - Contract - Melbourne CBD
Posted on 21 Jul 2017 at 3:05am

HR Advisor - Sydney
Posted on 20 Jul 2017 at 8:05am

Project Manager - AO8 - Contract - Brisbane CBD
Posted on 20 Jul 2017 at 7:05am


 

Powered by vBadvanced CMPS v4.2.1