Treasury Competition Review on worker non-compete clauses and other restraints

The ANMF has viewed the submission of the ACTU and is supportive of the positions taken therein. [...] With the assistance of a lawyer, AB was able to negotiate the term to a radius of 5 km for 5 years, and to only apply to not owning a practice during the restraint period. [...] Those circumstances would include consideration of the nature of employment, the seniority of the role, remuneration and a proper assessment of what the nature of the restraint is. [...] The ANMF notes with interest the recent developments in the United States, whereby con-compete clauses have been prohibited nationwide.9 Of particular relevance in the health sector, is the research conducted by the Federal Trade Commission prior to introducing the rule, that found non-compete clauses and restraints imposed significant cost on the health system, and estimating the ban would reduce. [...] In the context of employment, while an employee might usually be the author of their work, where such work is created in pursuance of the terms of their employment, an employment contract may provide for the intellectual property created by the employee shifting to the employer.