Originally Posted by
Rated De
Presumably then there is case law to support this? How is a contract not enforceable?
When negotiations are entered into for contractual bargaining purposes, does QF IR require the appointed representatives sign a non-disclose (commonly referred to as a confidentiality arrangement)?
If so, it would appear, axiomatically, that the company take a wholly different view to 'office holders' of an association, performing their duties as union representatives, irrespective of presumably still working for Qantas. It would be of material interest to understand just how AIPA claims exclusion to what would otherwise seem obvious: The two entities are not the same and Qantas see the issue differently to the union.
Surely there must then be information gleaned from executives and other office holders during the performance of their 'union duties' that would, if disclosed to say something like Qantas IR, be damaging to the pilot body interests?
The case of the former union president 'Stream Lead' being a case, but clearly from the posts, not an isolated one.
Non compete and confidentiality are two separate, but related, issues. Stopping someone from working in a competing business is separate to having an obligation not to disclose information. A non-compete clause is generally a part of of a contract of employment. Most AIPA committee and executive are not employees of AIPA. In fact, they are employees of Qantas and have pre-existing obligations to Qantas with respect to restraint of trade. To say that a subsequent arrangement with AIPA should limit that original employment contract and associated obligations would be difficult to argue.
With respect to confidentiality, committee members, office holders and other volunteers already sign confidentiality agreements regarding information gained in these positions. It is also worth noting that even without signing anything, employees have common law obligations with respect to disclosure of confidential information. In this instance how you would practically enforce this or take action against a breach is probably difficult. So, as I stated, the best defence is for the AIPA committee to do its duty and appoint people who are likely to act in the best interest of the association and its members (even if at some point they chose to take a management role).