Not For Profit lawyers
Not for profit solicitors and Lawyers have become a necessity when dealing with not for profit employment law.
The not for profit sector has more red tape than any other employment group. In the last few years, there have been several investigations into the conduct of the sector with a view to government control, each seemingly less close to the object of simplification and each bringing new regulations.
John Morrissey has specialised in Not for Profit Organisations law since before big changes began in 1996.
Constant alterations to regulations in the sector mean that not for profit solicitors must keep their knowledge up to date. Our staff constantly scour new regulations and research any changes in Not for Profit Organisations law to make sure that the information and advice we
As Sydney not for profit lawyers, what can we do for non profits in New South Wales?
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prepare and introduce Enterprise Agreements
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offer general employment law advice
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give training and support in all areas of emplyment law.
At board level there is also a role for not for profit solicitors in NSW to assist and advise with:
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governance and constitutional matters;
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employment contracts for CEO’s
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establishing policies and procedures for protection of intellectual property.
Currently most of the work for not for profit lawyers in NSW relies on state legislation. However, with larger organisations, that is likely to change so that they become part of the Federal system, and nonprofit law and the nonprofit lawyers who practis it willwork witihin the Federal system.
A Quick Guide to Fair Work Australia
Most of the changes to the law occasioned by the Fair Work Australia legislation began operating from 1st July.
Fair Work Australia has replaced the Australian Industrial Relations Corporation (AIRC), the Australian Fair Pay Commission and the Workplace Authority.
There is a Fair Work Ombudsman to handle complaints.
There will also be Fair Work Divisions in the Federal Court and Federal Magistrates Court to hear matters that arise under the new laws. The Fair Work Divisions are expected to develop flexible remedies rather than just imposing penalties.
Employees in a workplace with more than 15 workers can now take action for unfair dismissal.
There is a new term in discrimination - “adverse action”. Employers have very little comeback against an employee who has started an action for discrimination or harassment.
There can only be enterprise agreements (the new term for collective agreements) and no new AWA’s or other individual agreements.
Bargaining before agreements is compulsory and must be in “good faith”. Signs of good faith include attending and taking part in meetings at reasonable times and disclosing relevant information.
Industrial action is ‘protected’ (i.e. allowed) during bargaining. Pay can only be stopped for to the actual period of industrial action (e.g. a two-hour stopwork).
There are new transfer of business rules. These can mean that different pay scales could apply to old employees who join the new employer, employees who come with the new employer and employees who have joined the firm after the business has been sold.
The combination of the Ten National Employment Standards and Modern Awards, which basically replace the Fair Pay and Conditions Standard, don’t start operating until 1st January 2010.
More Information for Not-for-Profit Organisations
How Fair Work Australia Affects to Not-for-Profit Sector >>
Questions and Answers >>
