Social Enterprises
At Workplace Allies we’re dedicated to supporting the organisations that make our communities stronger and our society better.
Not-for-profit,
We’re for purpose
We know that for charities, not-for-profits and social enterprises, every dollar counts — and every dollar spent on legal fees, is a dollar that could be better spent on your important work.
That’s why we’ve built a model that allows you to access expert employment law advice without diverting precious resources away from your organisation’s mission.
Whether you employ one person or one hundred, we can help you create a fair, compliant, effective and sustainable workplace.
Services
Let us help
We provide comprehensive employment law advice and representation for not-for-profits and social enterprises, including:
- drafting and reviewing employment contracts and policies;
- managing performance and conduct issues;
- navigating terminations and redundancies;
- conducting workplace investigations and managing disputes;
- auditing and advising on compliance with workplace laws, including obligations under enterprise agreements and modern awards;
- advising boards and management on governance and workforce strategy; and
- conducting due diligence and managing transfers of employment.
services
What To Expect
Services
More Information
How do employment laws apply to our volunteers versus paid employees?
Volunteers are generally not entitled to wages, leave, or other employment benefits, but organisations may still owe them duties under the Fair Work Act (eg to prevent bullying), the Work Health and Safety Act in your State or Territory, and anti-discrimination laws. It’s important that any workers engaged on a volunteer basis are genuinely volunteers, and that the arrangement is clearly documented to avoid creating an unintended employment relationship.
Paid employees, by contrast, are usually covered by the Fair Work Act, and entitled to the benefits within, including the National Employment Standards.
Clear agreements and consistent practices around the engagement and treatment of workers, will help organisations ensure compliance and reduce legal risk.
Can we use fixed-term or maximum-term contracts, if the position is tied to a funding grant?
Recent changes to the Fair Work Act restrict the use of fixed-term employment contracts in certain circumstances.
Organisations that use fixed-term or maximum-term contracts for roles that are tied to a specific grant or funding arrangement, may fall within one of the exceptions to the general restriction.
Because employees who are engaged on an invalid fixed-term contract may automatically be converted to a permanent, on-going employee (with an entitlement to notice, redundancy pay etc), legal advice should be sought to ensure the contract terms are compliant and enforceable.
What award applies to our employees?
The applicable award depends on the industry of the employer and the type of work performed by the employee.
Many not-for-profit and community service roles fall under the Social, Community, Home Care and Disability Services Industry Award, but others may be covered by awards such as the Clerks – Private Sector Award or the Health Professionals and Support Services Award. Each award sets minimum pay rates, hours, and entitlements.
It’s important to review each role carefully and seek legal advice if there are questions around award coverage and/or employee classification.
What notice and redundancy obligations arise, if we have to end employment due to funding cuts?
If an employee’s employment ends because the organisation’s funding is reduced or withdrawn, the organisation may still have notice and redundancy pay obligations under the Fair Work Act and any applicable modern award.
Employees are usually entitled to receive written notice of the termination of their employment (or payment in lieu), with the length of notice based on their length of service. Redundancy pay may also be owing unless an exemption exists — for example, if the charity is a small business employer (fewer than 15 employees), or the employee has been engaged for less than 12 months.
In some circumstances, an application can be made to the Fair Work Commission to reduce the redundancy payment owing to an employee.
Let’s talk
If you would like to discuss your matter further, please get in touch. We offer in-person, telephone or video conferences, and are happy to speak at a time that suits you, including outside of business hours.