The federal Labor Government’s landmark reforms for job mobility set the stage for increased wages, productivity and fairness for Australian workers.
Through thorough engagement and surveys across sectors, there was established an evidence-base for post-employment restrictions that will enhance competition and wage dynamics.
Additional to post-employment restrictions, like movements to competitors or setting up a competitor business, workers may be restricted during their employment from taking additional jobs in the same industry or other restrictions on external activities, including to avoid conflicts of interest.
Conditions for outside employment and activity are generally often well-founded and for full-time, permanent workers can protect employee wellbeing and work-life balance.
For casual or part-time workers, who may not have regular, sufficient hours, outside employment policies need to be more precise and where possible and appropriate allow workers to accrue more hours to meet their living costs, or engage with new experiences that build their skills.
Ideally, in industries with high underemployment and casual employment, employers should to some extent cooperate to support more hours and certainty for workers who want it. Some employers running multiple businesses/locations already practice this well. In regions seeing industry transition pooled redeployment are a good example of employers working together to sustain strong employment outcomes.
General Resolution
Outside and secondary employment (including volunteering) conditions
Conference welcomes the landmark reforms advanced by the federal Labor Government to relieve post-employment restrictions on workers, with benefits in prospect to job mobility, wages and business formation. This includes provisions in contracts not enforceable legally, and advanced without basis. Adjacent to the scope of these reforms is restriction of outside employment for current employees, and the potential cooperation of employers in a sector to provide workers with sufficient working hours. Conference calls on the ACT and federal Labor governments to consider in which sectors, occupations and circumstances casual and part-time workers may be excessively restricted from concurrent employment options, that allow them to develop skills and experience, and to lift working hours to meet living costs. Engagement with business, unions and workers should consider reasons and experiences with additional employment, and the successes of employers who offer shifts across multiple locations or businesses. Where an employee is casual or part-time, there should be specific but limited conditions where they are restricted from concurrent employment in the same industry or another, or from voluntary, unpaid activity. It remains very often appropriate for full-time, permanent employees to be restricted from excessive additional outside employment, but in sectors and positions where casual, part-time employment and underemployment (demand for more hours) is common, workers should not be unduly restricted. Outside employment policies should always continue to hold to principles of conflict of interest and intellectual property protection, but competition may be reduced if restrictions are too broadly applied. Where possible, employers should work together to support workers to achieve full-time hours, including in sectors like disability and aged care, which have a level of coordination through government programs.