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Am I Allowed to Prohibit my Employee from Having Secondary Employment?


We have recently received enquiries regarding employees’ right to work for other employers. The Fair Work Act 2009 and the Building and Construction On-site Award 2020 do not prohibit an employee from working for more than one employer, nor can an employer restrain their employees from doing so.

An employer may be able to preclude their employees from having secondary employment in certain circumstances if it gives rise to a conflict of interest. An employee working for more than one employer does not in itself create a conflict of interest.

If you are looking for ways to mitigate the effect that secondary employment may have on your business or the health of your employees, you can:

  • consult with your employees,
  • implement policies and procedures to address the risks, and
  • have express terms in the employment contract if appropriate and reasonable to do so.

If you have concerns about your employees having secondary employment, please contact our Workplace Relations and Legal team on (02) 6175 5900.