Congregation and Presbytery Guide to Employing Lay Ministry Workers

Transcription

1 Cngregatin and Presbytery Guide t Emplying Lay Ministry Wrkers Prcedure Cngregatin and Presbytery Guide t Emplying Lay Ministry Wrkers Creatin Date Versin Last Revised 12 May 2014 Apprved by Apprval date

2 Table f Cntents 1. Intrductin Emplyer Identity Definitin f Emplyee Industrial Jurisdictin Categries f Emplyees Cnditins f Emplyment and Remuneratin Emplyer Respnsibilities... 8 Cpyright 2014 Uniting Church Last updated: 12/05/2014 Page 2 f 9

3 1. Intrductin This guide is designed t prvide ptential and current emplyers based within the Synd f NSW and the ACT ( the Synd ) with a simplistic verview f what they need t cnsider when emplying lay peple. T access the full range f emplyment plicies and prcedures applicable within the Synd r t btain further emplyment advice and assistance please cntact Emplyment and Industrial Relatins, Risk and Cmpliance Uniting Resurces ( EIR ) EIR cntact details are: [p] [f] [e] vickir@nsw.uca.rg.au r [w] 2. Emplyer Identity The Synd is cmprised f multiple unincrprated assciatins wh are, in their wn right, emplying entities. Depending upn the cnstitutin and/r by-laws f an individual Bard, bdy, agency r institutin, Presbytery r Cngregatin within the bunds f the Synd, the members f the relevant Bard, Management Cmmittee r Church Cuncil f that rganisatin are legally viewed t be the emplyer. 3. Definitin f Emplyee Emplyees are generally defined as being persns wh: are paid fr time wrked receive paid leave (fr example, sick, annual, r lng service leave) are nt respnsible fr prviding the materials r equipment required t d their jb must perfrm the duties f their psitin agree t prvide their persnal services wrk hurs set by an agreement r award are recgnised as part and parcel f the rganisatin s peratin; and d nt take cmmercial risks and cannt make a prfit r lss frm the wrk perfrmed. 4. Industrial Jurisdictin Emplying entities within the bunds f the Synd, regardless f whether they are incrprated entities r nt, fall within the federal industrial jurisdictin effective frm 1 January Federal Mdern Awards have applicatin t all emplyers within the bunds f the Synd. This is nt an pt in r ut alternative. Cpyright 2014 Uniting Church Last updated: 12/05/2014 Page 3 f 9

4 The ten (10) Natinal Emplyment Standards ( NES ) apply t all emplyees regardless f whether they are cvered by an award r nt. These standards cver: Maximum weekly hurs Requests fr flexible wrking arrangements Parental leave Annual leave Persnal, carer s and cmpassinate leave Cmmunity service leave Lng service leave Public hlidays Ntice f terminatin; and Redundancy pay. 5. Categries f Emplyees Within the Synd there are tw categries f emplyee award and award free emplyees. 5.1 Award Emplyees Award emplyees are defined as emplyees whse ccupatin r the industry in which they wrk is specifically identified as being cvered by the area, incidence and duratin f an award r industrial agreement. The award r industrial agreement stipulates the minimum remuneratin payable and cnditins f emplyment applicable t emplyees cvered by the particular award. Remuneratin levels and cnditins f emplyment vary frm award t award. Such psitins wuld include, but are nt limited t, any f the fllwing if the persn is receiving any payment fr the services they prvide; Supervisrs Accuntants payable and receivable and bk keepers Administratin and Clerical supprt including receptin Cleaners Grund maintenance Scial wrkers and cunsellrs Payrll Cks Childcare and aged care wrkers Sprts and Cnference Centre wrkers Shp and Restaurant assistants Wait staff Drivers including bus drivers Cpyright 2014 Uniting Church Last updated: 12/05/2014 Page 4 f 9

5 Stremen and Packers While all these psitins are cvered pursuant t awards, sme psitins are exempt frm certain award prvisins due t levels f remuneratin paid r ther relevant criteria and are classified as being award free. Federal Mdern Awards will nly apply t emplyees, wh are captured by an award classificatin, if their remuneratin is less than $129,300 per annum (2013/2014). This threshld is indexed annually and des nt include: Cmmissins; Overtime; Superannuatin; Bnuses; r Any ther payments which d nt frm part f the base salary 5.2 Award Free emplyees Award free emplyees are defined as any emplyee wh is nt cvered by an Award r Industrial Agreement. The terms and cnditins f emplyment fr award free emplyees are fund in cmmn law and prevailing emplyment and industrial legislatin and are nrmally detailed in a cntract f emplyment knwn as a letter f ffer. Within the Synd there are tw sub categries that fall within the scpe f the definitin f award free emplyee. (a) Emplyees wh are emplyed t perfrm tasks that wuld nrmally fall within the criteria f an award emplyee as defined in 5.1 abve, but are exempt frm said prvisins due t levels f remuneratin being paid r ther relevant criteria. These rles may be fund in any rganisatin and d nt invlve a predminately pastral cntent. Such psitins may include, but are nt limited t, any f the fllwing if the persn is receiving any payment fr the services they prvide: Executive Directrs Directrs and Reginal Directrs Managers and Reginal Managers Accuntants including Chief Financial Officers and Financial Cntrllers Supervisrs Administratrs IT HR Executive and Persnal Assistants Cpyright 2014 Uniting Church Last updated: 12/05/2014 Page 5 f 9

6 (b) Lay Ministry Wrkers Presbytery and/r Synd apprval, as applicable, must be btained befre any rganisatin within the bunds f the Synd cmmences the prcess t recruit a Lay Ministry Wrker. Lay Ministry Wrkers mean thse peple wh are either: (i) nt rdained within the Uniting Church, r anther denminatin frmally recgnised by the Uniting Church and are emplyed t perfrm tasks in an rganisatin r n behalf f an rganisatin that are predminately pastral r missinal in nature and wrk as part f a Ministry team under the versight f a Ministry Leader Such psitins may include, but are nt limited t, any f the fllwing if the persn is receiving any payment fr the services they prvide: Music Children, Yuth r Family Pastral duties assciated with a particular service r cngregatin etc. SRE Teachers (ii) nt rdained within the Uniting Church, r anther denminatin frmally recgnised by the Uniting Church and are emplyed t perfrm tasks in an rganisatin r n behalf f an rganisatin that: wuld nrmally be expected t be perfrmed by an rdained Minister in an apprved placement within the Uniting Church in Australia; r require the persn t exercise certain levels f authrity in relatin t matters f ministry n behalf f the Church and act as the Church s authrised representative in said matters. Such psitins may include, but are nt limited t, any f the fllwing if the persn is receiving any payment fr the services they prvide: Lay Chaplains Ministry r Pastral leadership psitins including thse falling within the scpe f the lay specified ministry f Pastr; Thse psitins that wuld have fallen, in the past, within the scpe f the ministry f: Accredited Yuth Wrker Lay Pastr Such psitins wuld in the nrmal curse f events, be recgnised as being an apprved placement and may als fall within the scpe f the lay specified ministry f Pastr. Where such rles are identified as meeting the requirements f the regulatins in respect t the lay specified ministry f Pastr, emplyees ccupying these rles may, as an adjunct t their emplyment, be appinted t this lay specified ministry cnditinal upn them meeting certain criteria including remaining emplyed in the specific rle. Cpyright 2014 Uniting Church Last updated: 12/05/2014 Page 6 f 9

7 Where the emplyee des nt meet the criteria fr appintment t the lay specified ministry f Pastr there is n prhibitin t emplying the emplyee in the rle prviding that the emplyee is ffered emplyment n the understanding that they d nt meet the requirements and therefre cannt be cmmissined int the lay specified ministry. Emplyees emplyed in such psitins may be eligible t receive the benefits f the Religius Practitiner Tax Exemptin, prviding all the fllwing elements are met and legislative requirements fr Fringe Benefit exemptin status is satisfied: Recgnised Officially implies sme frmal cmmissining r dedicatin service thrugh a Presbytery and r Synd; The appintment must be apprved by Presbytery r Synd Bard and recgnised by the Synd; The inherent duties f the rle and the psitin descriptin must reflect this authrity ; Sme level f recgnitin f authrity within the faith cmmunity including authrisatin f ministry by the Presbytery r Synd Bard. Meet the criteria fr a religius practitiner as defined by the ATO. Receive nn cash benefits frm a religius institutin as defined by the ATO. It is expected that all such psitins will receive r will be eligible t receive an apprval t fill thrugh the Placement Prcess and be appinted by either Synd r Presbytery, as applicable. In all instances the emplyee must meet the fllwing criteria: Be a member f a church with at least twelve mnths standing; Be a persn wh accepts the Dctrine, Plity and Discipline f the Uniting Church in additin t their bligatins as an emplyee; Be a persn wh is actively invlved in the life f a church including leadership experience and qualificatins apprpriate t the psitin; Be a persn whse life experiences are seen as apprpriate t this ministry; Be a persn wh has satisfied Presbytery and/r a Synd Bard as t their prfessin f faith and call fr exercising this ministry; Be cmmissined by Presbytery, Synd r Assembly as apprpriate; Have suitable references including the equivalent f a letter in gd standing frm their denminatin r cngregatin; Participate in the fllwing curses during their prbatinary perid: Plity; Sexual Miscnduct Awareness Other prescribed curses identified by Presbytery r Synd Cmplete reading and r study f apprpriately identified material; Cpyright 2014 Uniting Church Last updated: 12/05/2014 Page 7 f 9

8 Enter int mutually agreed terms f appintment which acknwledge adherence t: Plity and eths f the Uniting Church in Australia; Discipline prcess f the Uniting Church in Australia Cde f Ethics and Ministry Practice; Cmmit themselves t a cntinuing educatin prgram which is t be submitted t the Directr f Cntinuing Educatin and endrsed by Presbytery r Synd Bard. Subject t the inherent duties f the rle, be authrised by Presbytery t cnduct sacraments. 6. Cnditins f Emplyment and Remuneratin It is the respnsibility f every individual emplyer within the bunds f the Synd t ensure that the cnditins f emplyment and remuneratin fr their emplyees cmply with prevailing emplyment legislatin. Cmmn law cntracts f emplyment, knwn as letters f ffer are required t be issued t every new emplyee, regardless f their emplyment status. These letters f ffer detail the cnditins f emplyment and remuneratin payable and are legally enfrceable dcuments. The Emplyment & Industrial relatins Divisin f Uniting Resurces prvides a cntract writing service fr emplyers wh need t issue letters f ffer. The minimum cnditins f emplyment and rates f pay fr award emplyees are cntained within the relevant award. Award infrmatin and award rates f pay are available n the Synd website. The minimum cnditins f emplyment fr award free emplyees are fund in cmmn law and prevailing emplyment legislatin. Remuneratin ranges are determined by external factrs and vary frm psitin t psitin and emplyer t emplyer. Fr assistance in identifying cnditins f emplyment and remuneratin rates please cntact EIR. Althugh Lay Ministry Wrkers are award free emplyees, it is imprtant that a certain level f parity be maintained acrss similar rles within the Synd and that the level f remuneratin meets prevailing industrial legislatin. T guide emplyers, EIR has prepared Lay Ministry Wrker Remuneratin Guidelines. This guide is available n the Synd website. 7. Emplyer Respnsibilities It is strngly recmmended that emplyers make prir reference t the Synd Emplyment Manual, which is available n the Synd website befre cnsidering cmmencing any recruitment prcess. This will assist the emplyers t understand and meet their bligatins under prevailing emplyment legislatin. Emplyers within the bunds f the Synd wh are prpsing t emply an individual shall: 1. Seek guidance and assistance frm EIR r their internal HR resurce if they have ne prir t cmmencing the recruitment prcess. This is t ensure that the psitin descriptin, Cpyright 2014 Uniting Church Last updated: 12/05/2014 Page 8 f 9

9 cnditins f emplyment including remuneratin and draft recruitment advertisement meet prevailing emplyment legislatin. 2. Seek Presbytery and Synd apprval as applicable, befre cmmencing the prcess t recruit a Lay Ministry Wrker as defined under 5.2(b) abve. 3. Advertise the vacancy. 4. Appint a selectin panel. Where the prcess invlves recruitment f a Lay Ministry Wrker, the appintment f a selectin panel must als take int cnsideratin the requirements f the Cnstitutin, Regulatins and By-Laws including cnsultatin with and the invlvement f Presbytery and Synd as applicable. 5. Cull and shrtlist applicants based upn their skills and attributes. 6. Interview all shrtlisted applicants. 7. Select the mst suitable applicant based upn their skills and attributes. 8. Befre ffering emplyment t the preferred applicant undertake the requisite emplyment and wrking with children checks. Where this invlves recruitment f a Lay Ministry Wrker, the emplyer must als seek Presbytery r Synd endrsement f the preferred applicant. 9. Once checks have been cmpleted and satisfactry results have been btained and Presbytery r Synd endrsement has been btained, where applicable verbally ffer emplyment. 10. Seek guidance and assistance frm EIR r their internal HR resurce if they have ne, in the drawing up f a cmmn law cntract f emplyment knwn as a Letter f Offer. 11. Prvide the preferred applicant with tw cpies f the Letter f Offer, psitin descriptin and Fair Wrk statement befre the applicant cmmences emplyment. The applicant must execute ne set f these dcuments and return them t the emplyer befre the date their emplyment is t cmmence. 12. Ensure current wrkers cmpensatin insurance cver is held. Where it is nt, and t ensure cmpliance with wrkers cmpensatin legislatin, arrange insurance cver thrugh Wrkplace Safety Services Uniting Resurces. 13. Where the emplyment f a Lay Ministry Wrker is invlved: Ensure that the emplyee is under the versight f Presbytery r Synd as applicable; Cnduct a cmmissining service with Presbytery r Synd as apprpriate; Ensure that where the emplyee is required t undertake SRE functins they have cmpleted a Uniting Church SRE Teacher Engagement Frm which is available frm the Bard f Educatin; Cmply with such ther cnditins as the Presbytery r Synd may require; Seek authrity frm Presbytery r the Synd, if applicable and subject t the inherent duties f the rle, t cnduct sacraments. Cpyright 2014 Uniting Church Last updated: 12/05/2014 Page 9 f 9