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

    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


    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.


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
IR/ER Specialist - Contract - Sydney CBD
Posted on 18 Oct 2017 at 6:35am

Careers & Talent Acquisition Manager - Brisbane City Fringe
Posted on 18 Oct 2017 at 5:20am

HR Business Partner - 4 days a week - Contract - Western Sydney
Posted on 18 Oct 2017 at 1:50am

Human Capital Consultant - Sydney
Posted on 17 Oct 2017 at 11:40pm

Talent Acquisition Specialist - Melbourne CBD
Posted on 17 Oct 2017 at 11:03pm

Talent Business Partner - Contract Part time - St Leonards
Posted on 17 Oct 2017 at 11:03pm

Talent Acquisition Consultant and Team Leader Opportunities - Sydney - Easter...
Posted on 17 Oct 2017 at 10:50pm

Senior HR Generalist Fixed Term Contract - Melbourne CBD
Posted on 17 Oct 2017 at 10:03pm

HR Manager - Contract - Sydney - North
Posted on 17 Oct 2017 at 8:20am

HR Co-ordinator-Part Time - Contract - Inner West Sydney
Posted on 17 Oct 2017 at 8:03am

Internal Recruiter - Contract - Olympic Park
Posted on 17 Oct 2017 at 7:03am

Training Officer - Tiwi Islands
Posted on 17 Oct 2017 at 6:03am

Internal Recruiter - Contract - Chatswood
Posted on 17 Oct 2017 at 6:03am

HR Coordinator - Contract - Mascot
Posted on 17 Oct 2017 at 6:03am

Senior HR Business Partner - Melbourne CBD
Posted on 17 Oct 2017 at 5:03am


Powered by vBadvanced CMPS v4.2.1