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.
Small business owners have a lot to think about: sales, staffing, customer service, vision, growth, the list goes on. In fact, it is hard not to think about your business when you’re a small business owner. Perhaps the one responsibility you would rather not think about is bookkeeping/accounting?
Some business owners try to avoid the hassles of accounting by simply ignoring the problem. “I’m too busy,” they say, but no business can hide from accounting. If late lodgement penalties aren’t motivating enough, hopefully the knowledge that you have basically no visibility into the vital indicators of business health will be.
Sure, there are online tools out there to make the process less burdensome, but could your time be better spent? And while you might think that a part-time bookkeeper might solve your problem, it really depends on your needs, and there are downsides there too.
HERE ARE what we think are THE TOP 5 REASONS TO OUTSOURCE YOUR bookkeeping to SMART Bookkeeping Solutions in Mornington
We often hear from clients “I often forget to send invoice reminders or statements and invoices are falling through the cracks, can Xero help with this?” Easy, of course it can!
It's time to celebrate! SMART Business Solutions are pleased to share with our clients some exciting news. The Finalists in the Australian Accounting Awards have been announced with the team being successful finalists in the following categories
- Best Marketing (you know we always try to be different!) Shannon was also interviewed http://www.accountantsdaily.com.au/breaking-news/8605-accountants-must-touch-their-clients-12-times-a-year
- Accounting Student - Well done Hayden!
- Office Administrator - Awesome effort Nicole!
- Partner of the Year - Shannon Smit for both Transfer Pricing Solutions & SMART Business Solutions
Quality Matters – Independent review with outstanding results for SMART Business Solutions
Paying an accountant to handle all of your financial reporting can be expensive, but if you have several different sources and deductions or if you own a small business, it can be worth it.
Is your business thriving, but you struggle to maintain positive cash flow?
Don’t let it crumble from underneath you
It’s nearly BAS time again - tips to make BAS processing easier
BAS time seems to come around quicker and quicker! Here are some tips to try and make it a little easier!
With June 30 quickly approaching we are pleased to provide our year end checklists and questionnaires to help you get organised.
Tax planning is more than just a financial necessity—it's a strategic advantage for businesses of all sizes. By proactively managing your tax strategy, you can significantly reduce your liabilities, enhance cash flow, and ensure full compliance with ever-evolving tax regulations.
