Worker non-compete clauses and other restraints

This consultation process has now been completed. Submissions available
Date
-
Consultation Type
Issues Paper

Key Documents

Issues paper

The Competition Review invited public submissions to its issues paper.

The issues paper covers emerging concerns relating to:

  • non-competes and other restraint of trade agreements between businesses and workers
  • no-poach and wage-fixing agreements between businesses.

Workers and employer questionnaire

The Competition Review Taskforce sought feedback from workers and employers through a questionnaire. This added to targeted stakeholder engagement and meetings to gather diverse perspectives from workers, business and other experts on these matters.

The feedback informed the Australian Government’s consideration of whether reform is needed.

Worker questionnaire

Employees and independent contractors could complete a short questionnaire on non‑competes and other restraint of trade clauses that may restrict workers from shifting to another role.

The questionnaire received 363 responses.

Employer questionnaire

Employers can complete a short questionnaire on non-competes and other restraint of trade clauses that may restrict workers from shifting to another role.

The questionnaire received 64 responses.

Next steps

The Taskforce is analysing data from an Australian Bureau of Statistics survey and other datasets. This will help them understand the issues and decide the next steps.

Submissions

47 submissions were received for this consultation, including 3 confidential submissions.

Submissions

3 submissions were received for this consultation, including 2 confidential submissions.