Consultation on the Albanese Government's plan to ban non-competes from 2027 has revealed employers' use of "cascading" restraint clauses is significantly hindering worker mobility even when their enforceability is questionable, according to Assistant Productivity and Competition Minister Andrew Leigh.
In a significant judgment on the level of proof required to establish an unlawful boycott, a High Court majority has upheld a finding that the CFMEU's construction and general division did not collude with major building company J Hutchinson to freeze out a non-union waterproofing subcontractor.
Treasurer Jim Chalmers has revealed in tonight's Budget speech that if the Albanese Government is returned for a second term, it will prohibit non-compete clauses for workers on incomes below $175,000 a year, from 2027.
The ACCC has told the High Court that if a full court's ruling on alleged anti-competitive conduct by the CFMEU is allowed to stand, unions will be able pressure businesses into boycotting goods or service suppliers so long as the threatened corporation does not expressly confirm its collusion.
The High Court has refused to hear a major hospitality group's challenge to a finding that a FWC bench did not show bias when it raised concerns about an already-approved agreement ultimately revealed to have been voted up by three venue managers and a payroll employee not covered by it.
Ramsay Health Care has used competition laws to win orders restraining a ANMF advertising campaign, after the Federal Court accepted it had an arguable case that the union made false and misleading clams that might damage the company's reputation and scare off patients.
The former head of the ACCC is today calling for an easing of secondary boycott prohibitions in competition law, in the final report of the price gouging inquiry he conducted for the ACTU.
The ACCC has flagged its willingness to examine no-poaching clauses in employment contracts and to reconsider the long-standing shielding of IR arrangements from competition laws.
The Productivity Commission says a review of the Albanese Government's new multi-employer bargaining measures should consider amending the Competition and Consumer Act so the ACCC can play a role.
The Albanese Government has asked the ACCC and Treasury for advice on the effects of non-compete clauses in employment contracts and any action warranted in response.
