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WHO IS THE EMPLOYER WITHIN THE UNITING CHURCH IN AUSTRALIA NSW SYNOD AND WORKCHOICES LEGISLATION
Depending upon the constitution and/or by-laws of an individual Board, agency or institution within the NSW Synod, the members of the relevant Board, Management Committee or Church Council of that organisation are contractually viewed to be the employer irrespective of whether they are based in NSW or the ACT. This means that the NSW Synod is comprised of multiple employing entities.
The Federal Government’s new WorkChoices industrial legislation came into effect from the 27th March 2006. This legislation only applies to employers who are either Constitutional Corporations or are based in Territories of Australia.
As a consequence, employing entities of the NSW Synod who are based in:
- the Australian Capital Territory, will automatically fall within the new federal industrial jurisdiction by virtue of the ACT’s territorial status;
- NSW, will remain within the NSW Industrial jurisdiction by virtue of their unincorporated status given they are not constitutional corporations for the purposes of the Work Choices legislation.
Notwithstanding the aforementioned, there are a small number of incorporated entities that employ staff within the NSW Synod and they should clarify their position with Uniting Resources.
