The National Farmers Federation welcomes the opportunity to comment on the exposure draft of the Competition and Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026 (Exposure Draft) set out by the Government.
The objectives of the Exposure Draft i.e. supporting labour mobility, wage growth, productivity and competition are legitimate and important. At the same time, the law should continue to permit proportionate measures that protect confidential information, customer relationships, workforce stability and genuine investment in employees. The appropriate policy balance, in NFF’s view, is not between unrestricted mobility and unrestricted restraints, but between clear prohibitions on unjustified restraints and carefully confined protection for legitimate business interests.
On that basis the position taken by the submission is neutral in nature. It supports greater certainty and transparency, while identifying matters that would benefit from clarification before legislation is introduced. In particular, the final Bill should use precise definitions, provide workable exceptions, avoid unintended overlap between the Fair Work Act 2009 and the Competition and Consumer Act 2010, and give employers and employees sufficient time and guidance to adjust.
View the full NFF submission here.