A recent Australian Bureau of Statistics (ABS) survey found that 46.9% of businesses surveyed used some kind of restraint clause, including for workers in non-executive roles. The survey also found 20.8% of businesses use non-compete clauses for at least some of their staff and 68.2% for more than three-quarters of their employees.
Over the last 30 years, Australia has seen a decline in job mobility. Australia is not alone in this and other advanced economies have
experienced the same issue. While restraint clauses are not the only factor contributing to the decline – an ageing population and a rise in
post-pandemic market concentration in some industries has also contributed, it is specifically the role of restraints that is the focus of
the Competition Review issues paper (submissions close 31 May 2024).
From an economic perspective, declining job mobility impacts wage growth and innovation as restraints prevent access to skilled workers
within the economy. Productivity is a key concern as Australia’s productivity has declined in the last 20 years.
The review states that, “The direct consequence of a non-compete clause is that it hinders competition among businesses: it disincentivises
workers from leaving their current job, creating a barrier to the entry of new businesses and the expansion of existing businesses.”
For business however, this is the point - restricting the knowledge developed by a worker during their employment from benefiting a
competitor, limiting the likelihood of a ‘mass exodus’ of key workers from the business to a competitor, preventing clients from employing
key workers, and protecting the value of the business by preventing employees from walking away with customers that were hard won, at a
cost, by the business.
However, the impact of restraints appears to be a psychological deterrent given that most are not contested. Of the 115 matters relating to
restraints of trade between 2020 and 2023 dealt with by Legal Aid NSW, only one business commenced proceedings in court against a former
worker. And, a further study indicates that where employers seek legal redress in the courts, they are more likely than not to fail.
The international trend is to either ban restraints for workers under a certain income level and time limit restraints for higher paid
workers, or to limit the duration of restraints generally but specify a level of compensation to the worker for the restraint period.
| Non-compete clauses | prevent workers from joining a competitor or starting a new business in competition with their current employer for a period of time. |
| Non-solicitation clauses | prevent workers from soliciting former customers and co-workers. |
| Non-disclosure clauses | prevent workers from disclosing confidential information relating to their employment. |
We'd love to help you experience life with greater choice.
For many, the word ‘budget’ is about as appealing as the word ‘diet’. It seems to imply what you will go without, rather than what you will achieve.
To a successful business owner, however, the word ‘budget’ has a very different meaning.
As an accountant, we wear many hats when dealing with clients. Sometimes we’re accountants, sometimes advisors, sometimes a confidante, and sometimes we’re just another parent of a kid on your child’s soccer team.
Our Lunch Learn Program combines two of life's essentials; food and knowledge. And what better way to combine the two than with a 2 course catered lunch alongside like-minded business owners who are keen to learn & network.
Our Lunch Learn Program combines two of life's essentials; food and knowledge. And what better way to combine the two than with a 2 course catered lunch alongside like-minded business owners who are keen to learn & network.
Our Lunch Learn Program combines two of life's essentials; food and knowledge. And what better way to combine the two than with a 2 course catered lunch alongside like-minded business owners who are keen to learn & network.
Whether it's generating more leads, or selling more to your existing customers, taking the time to set your marketing goals and determine the actions required to achieve them is the first step.
A new financial year is a bit like “new year’s eve”, a time to make those New Year’s resolutions. Insurance is not typically first and foremost in your mind when you’re dealing with the day-to-day running of your business.
Here it is, my blog on why I purchased $5,000 on Xero shares for each of my two children. For over 6 months I have been contemplating whether this experience would be beneficial to anyone if I shared it. I kept thinking, “Who would want to read it?” and “What would I say?” and “Would anyone care?” Well, here I sit on my way back from seeing the Grand Canyon whilst holidaying in the USA with the family. I have time, so I pulled out my iPad and started to write. So, here it is. The story of why I purchased those Xero shares.
Our Lunch & Learn Program combines two of life's essentials; food and knowledge. And what better way to combine the two than with a 2 course catered lunch alongside like-minded business owners who are keen to learn & network.
Our Lunch & Learn Program combines two of life's essentials; food and knowledge. And what better way to combine the two than with a 2 course catered lunch alongside like-minded business owners who are keen to learn & network.
Update your wardrobe with items that spark JOY and join us for a fun evening of fashion as we tackle the War on Waste whilst assisting women in need on the Mornington Peninsula.
There has been a lot in the news lately regarding self-managed super funds (SMSF’s) from the Royal Commission into financial planning, and the banks tightening up on lending to SMSF’s some may wonder if it is all still worth it or a viable option. Yes absolutely! However, some of these changes are there to protect members of super funds because a SMSF may not be the most appropriate for everyone.
I always say, “cash is king” you can have a great idea, make lots of sales but if no-one is paying how can continue to pay your bills?
With the success of 2017, BITE Conference is back for 2018 - The Mornington Peninsulas leading conference for small business. With a focus on 4 key ingredients integral to success in modern business: Business Innovation Technology Efficiency, BITE Conference is the number 1 thing you can do for your business this year
In short, the answer to the above question is yes if actively letting residential rental properties is your business and that you have pursued the said business post 1 July 2017. In addition, Companies, superannuation funds (not SMSFs, however), public unit trusts, and managed investment trusts are still allowed to claim travel deductions for any costs related to the upkeep and management of their residential rental properties.
Join us at our 7 Ways to Grow Your Business event. We’ll cover the key areas in your business that you can influence and the strategies you can adopt to achieve growth and improvement.
Join us at our 7 Ways to Grow Your Business event. We'll cover the key areas in your business that you can influence and the strategies you can adopt to achieve growth and improvement
If you knew you only had a short period of time to live, what would you do differently? That was the question that Sebastian Terry, author of 100 Things: What’s On Your List?, asked himself following the death of a close friend at a young age.
Learn How To Construct Compelling Award Entries - Afternoon Session
We know that award nominations can be daunting, attend this free seminar to learn how to do it and construct a compelling award entry that can put you on the map. With nominations for the Peninsula Business Awards quickly drawing to a close, it has got us thinking about why businesses should enter awards. It takes time, energy and a good dollop of realism to piece together your story authentically, but the benefits are unchallenged, from third-party endorsement to increase your credibility to opening new networks and celebrating your team. Read more about the endless benefits of entering awards here.
There's a couple of weeks left to enter the Peninsula Business Awards, but there are plenty of valuable and powerful small business awards to enter throughout the year. Join us next week as we ease you through the submission process and prep you for award success. The seminar is free to attend, but you must book now to secure your seat at the event!
Learn How To Construct Compelling Award Entries - Evening Session
We know that award nominations can be daunting, attend this free seminar to learn how to do it and construct a compelling award entry that can put you on the map. With nominations for the Peninsula Business Awards quickly drawing to a close, it has got us thinking about why businesses should enter awards. It takes time, energy and a good dollop of realism to piece together your story authentically, but the benefits are unchallenged, from third-party endorsement to increase your credibility to opening new networks and celebrating your team. Read more about the endless benefits of entering awards here.
There's a couple of weeks left to enter the Peninsula Business Awards, but there are plenty of valuable and powerful small business awards to enter throughout the year. Join us next week as we ease you through the submission process and prep you for award success. The seminar is free to attend, but you must book now to secure your seat at the event!
The Flourish Business Coaching Program is designed specifically for small to medium business owners committed to growing their business. The program provides you with essential ingredients to improve your financial literacy,helping
you make informed strategic decisions to help accelerate your business growth.
here are the key dates you need to be aware of
Personal Finance Planning with the help of Xero and Smart Business Solutions If you were to add up all your earnings for a lifetime, the total would come to hundreds of thousands, if not millions, of dollars.
Did you, or a member of your family, have the Pensioner Concession Card cancelled because of the changes to the asset test? If so, it’s time to check your letterbox for a pleasant surprise.
As a business owner facing down the end of another financial year, you’re likely paying more attention to those all-important profit and loss margins.
Do you ever wish you started seeing a financial adviser earlier in life? Then consider setting your kids on their own financial advice journey sooner rather than later.
Personal Budgeting: The Key To Realising Your Financial Goals And DreamsIf you discovered a business owner was operating without a set budget, you’d probably think he/she was incompetent or not taking his/her financial obligations seriously.
When you’re having a baby it’s normal to focus on the practical aspects of preparing for the arrival of a newborn. In fact, there are so many things to consider that people often overlook the financial considerations. By taking the time to consider your finances ahead of time, you’ll be able to avoid financial pressures and really enjoy the special time with your new family member.
Got An Online MyGov Account? Be Sure To Read This The Online MyGov has caused major hassles for tax agents so we felt it was important to let you know. Over the past year, the ATO has made several changes to the way in which it communicates with tax payers and their delegated tax agents.
Rising property prices have made it harder for young people to get into the property market than it was for previous generations. Here’s how you can lend your kids a helping hand – without necessarily having to put up all the cash yourself.
Going through a separation or divorce raises a lot of questions
One of these relates to money. Given you’re likely to have many other issues to consider, it’s important to focus on finances as early as possible. The sooner you sort out your financial situation, the easier it will be to adjust to your new circumstances.
Just started a business? Or want to change your sole trader business to Xero?
We can help! Our workshop will provide you with the training and information you need to get your new business (or existing sole trader) onto Xero accounting software to provide you with real-time financial information so you can confidently make business decisions. When:
1st Nov (Morning Session @ 9:00am-12:30pm)
Cost: $50pp
As Xero’s Victorian Accounting Firm partner of the Year the team at SMART Business Solutions LOVE Xero and everything CLOUD.
Picking the right name for your business or company is an important aspect of beginning a new venture or revamping your current one.
Crowd funding: a revolutionary new way to back your business start up So you have an amazing new business, but no access to the capital you’ll need to successfully launch it? If this is the case, you have several options to secure funding.
Retiring earlier and living longer: why every woman needs the right financial strategy to make sure their savings will last their distance
As Xero achieves a major milestone with 1 million users globally, their product development and new features continue to evolve.
As Xero Gold Partner's, Awarded 2016 Xero Partner of the Year (Victoria) and appointed to the Xero Accounting Partner Advisory Council, SMART Business Solutions is well positioned to provide you with all of the latest Xero Innovations to help you get the most out of Xero.
These sessions will cover:
- Latest developments & enhancements
- New releases coming soon
- Our
Since we receive a heap of questions about Xero from clients, we have decided to run these sessions every two months.
Whether you have just started using Xero or are a seasoned Xero pro, everyone can benefit from the latest tips from our
Topics for each session will change based on the latest developments, however, we can publish the topics two weeks in advance.
Morning tea will be provided
Session One:
Wednesday 4th October
10am - 12noon
Location: SMART Business Solutions Office, Level 1, 328 Main Street Mornington
Wondering about the best way to ease into your retirement years? A transition-to-retirement strategy may be the answer, but it’s important to know that the rules have recently changed. Here’s the lowdown.
Big businesses typically have an in-house Chief Financial Officer (CFO) , but this is not always an affordable option for small and medium sized businesses.
SMART Business Solutions was pleased to host a breakfast event this week on the topic of how can retailers thrive with Amazon coming.
Join us for our first Mornington Peninsula retailers breakfast and learn how you can not only survive but thrive in an Amazonian retail environment.
There's been a lot of talk recently about the threat of giants like Amazon on bricks & mortar stores. But it doesn't have to be all bad.
Presented by Craig Bass from VendHQ and Shannon Smit & Nadia Hughes, Directors of SMART Business Solutions, here's a taste of what we'll be covering and why you need to get on board the Amazon Express
What you'll get from attending this session
*Using Amazon for your gain
*How to compete with Amazon by not competing with them
*How to use technology to win
*Breakfast
Who Should attend?
*Retail owners and managers
*Business that engage with and service retailers
When: Wednesday 6th September
Time: Arrive
Location: Benito's Restaurant, 1196 Nepean Highway, Mornington
FIRST 25 REGISTERED RECEIVE COMPLIMENTARY TICKETS!
A healthy cash flow is vital to keeping your business operating optimally. Should a large percentage of your customer's delay, their payments or – in the worst-case scenario – refuse to pay you, your business could be placed in a very difficult position.
Building wealth is not a product, it is a strategy
An event not to be missed:
The 3 Key topics of discussion will be:
1. Australia : As funny as it sounds, is a hidden tax haven
2. There is only one reason you should pay tax - to avoid paying more tax!
3. Recent increased tax exemptions that benefit small to medium businesses
More and more often in the news today we read about the epidemic that is financial illiteracy running rampant amongst the younger generation. We lament the lack of financial education they’ve grown up with and wonder how they will ever survive in this world of fragile economies, overpriced real estate and cheap debt.
The headlines say negative gearing is "gone." For most investors, that is not what the new law does.
From 1 July 2027, the 50% CGT discount will be replaced — for individuals, trusts and partnerships — by two mechanisms working together: indexation of the asset's cost base, and a minimum 30% tax on the resulting net gain.
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