VIC Owning my own business while working full time?

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mdeqwerty

Member
9 August 2021
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Hi all,

Hoping to get some help on a question I have about a term in my employment contract.

I have signed an employment contract which is due to start early next year, and one term states: "during your employment with the Company you must not, without first obtaining the Company’s prior written consent, engage in any employment or provide any services to anyone other than the Company, including external directorships".

If I were to start an ecommerce business and register as a sole trader, would that count as "engaging in employment or providing services to anyone other than the company"? If so, does that mean I have to let HR know before I begin next year?

Also not sure if state is relevant here, but the company is a US company with its Australian subsidiary headquarters in Sydney and I will be working in their Melbourne office.

Thanks!
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Almost certainly.