Volunteer Management in Australia:
Navigating Responsibilities and Employment Rules
Volunteers play an important role in the not for profit sector in Australia. They contribute their time, skills and experience to make a difference across a range of community setting, including churches, sporting clubs, government schools, charity and community organisations.
Effectively and lawfully managing volunteers requires a clear understanding of their rights, responsibilities, and how their role differs from that of employees.
A volunteer is a person who donates their time and effort willingly, without financial compensation, to help an organisation. It is important to note that the volunteer arrangement must be genuinely voluntary, meaning the individual is under no obligation to perform the work and does not expect to be paid.
Under the Fair Work Act 2009, a volunteer is not considered an employee if:
- There is no intention to create a legally binding employment relationship
- The volunteer does not receive any form of remuneration or reward
- The arrangement benefits the community or a not-for-profit business.
Key characteristics of a genuine volunteering arrangement include:
- the parties did not intend to create a legally binding employment relationship
- the volunteer is under no obligation to attend the workplace or perform work
- the volunteer doesn’t expect to be paid for their work.
Misclassifying someone as a volunteer when they should be an employee can lead to legal and financial consequences for organisations, including back pay of wages and entitlements, as well as penalties.
Navigating the volunteer relationship can be challenging. HR Advice Online can provide you support and guidance. For assistance with any HR matters, please contact us at [email protected] or 1300 720 004.
