Incorporated associations, regardless of their size, need people to carry out the business and activities of the association. Those associations that have the funds often employ staff to undertake specific tasks, while others without the financial resources may have to rely entirely on volunteer workers. Many associations rely on both employees and volunteers. 

When employing people, incorporated associations generally need to be aware of employment law and any relevant industrial agreement or instrument with which they are required to comply. This chapter provides some general information on recruitment and appointment of employees, employment contracts and employment law.

Key Points

  • Incorporated associations that engage employees should have clearly formulated selection criteria and job descriptions.
  • When engaging employees, it is important to understand what industrial awards and agreements (if any) apply and which employment laws are relevant to that employment.
  • In relation to the above point, an incorporated association may be a ‘constitutional corporation’ subject to Commonwealth, rather than State, industrial relations jurisdiction.
  • If the management committee is required to terminate an employee's contract of employment, it is essential to understand how to terminate the employment in accordance with the contract and in accordance with fair procedures to ensure the termination is lawful and fair.
  • Incorporated associations must keep records relating to employment, including payment of wages, leave, tax records and superannuation records.