What does the Fair Work Act 2009 mean for your not-for-profit organisation?

The Fair Work Act 2009commenced operation on 1 July 2009, with additional provisions, including those relating to Modern Awards and the National Employment Standards ('NES'), commencing on 1 January 2010.  Employers (including not-for-profit employers) must now ensure that existing contracts, policies and procedures are updated to reflect the obligations under the NES and any applicable Modern Awards.  

In addition to the creation of Modern Awards and the NES, the Fair Work Act also introduced changes to the unfair dismissal regime.  Many more employers must now comply with unfair dismissal obligations before terminating a person's employment.  Find out how your not-for-profit community organisation can make sure it complies with these laws.

Date:               Tuesday 9 March 2025
Time:             9.30am - 12.30pm (registrations open from 9.00am)
Location:        Russell Kennedy; Level 12, 469 LaTrobe St, Melbourne
Cost:               $40 (incl. GST) administration fee per person
Refreshments: Light refreshments will be provided

Registration is now open. You will find the registration form and further details about the seminar at the following page:

Productivity Commission releases final report into the NFP sector

The Productivity Commission's major research report Contribution of the NFP Sector was released on Thursday, 11 February 2010.

The final report contains 39 recommendations for improvements to the not-for-profit sector. These included recommendations for regulatory reform, simplifying reporting obligations, and greater consistency across States and Territories on issues such as fundraising.

Key recommendations from the Productivity Commission include:

• establishment of a national Registrar for Community and Charitable Purpose Organisations to regulate national not-for-profit (NFP) entities;
• development of nationally harmonised fundraising laws and a national fundraising register;
• adoption of a statutory definition of ‘charitable purposes’;
• providing a 'one stop shop' for tax endorsement of NFPs;
• implementation of a single reporting portal for NFPs with the view to 'report once, use often';
• establishment of an ‘Office for Not-For-Profit Sector Engagement’ to drive the Commission's recommendations.

Notably, the Commission's Final Report also contained a recommendation that State and Territory governments focus on sector support issues, including the development of sustainable 'intermediaries' - that is, organisations (like PilchConnect) which provide services to support NFPs (see Recommendation 9.4).

For further information on the Productivity Commission's study, see our page dedicated to the  Productivity Commission's study. 

New Associations Incorporation Regulations in Victoria

New regulations for Victorian incorporated associations are now in place. The Associations Incorporation Regulations 2009 (Vic) came into effect on 19 January 2025 and contain the following amendments relevant to Victorian incorporated associations:

• an updated fee structures for dealings with the Registrar (see Schedule 2A);
• an application of AASB Accounting Standards for prescribed associations (see Reg. 13A);
• changes about the security to be provided by liquidators (see Reg. 14A); and
• clarification on an association's ability to fine member(s) found to have breached its rules (see Reg. 18A and Clause 7 of the Model Rules).

The new Regulations are available for download at the  Victorian Legislation Website. 

Sue Woodward (PilchConnect Senior Lawyer), along with others from the PilchConnect team, will be teaching a Law Masters subject called "Not-for-profit organisations: current regulatory and governance issues" at Melbourne University's Law School in early June 2010. A similar subject was delivered in 2008, and the feedback from participants was incredibly positive.

The subject will examine recent inquiries and law reform developments in the not-for-profit sector, as well as highlighting the practical legal issues that arise for not-for-profits. The course will be full fee paying, and is suitable for both lawyers and non-lawyers with relevant experience, including those with a strong not-for-profit background.

For more information on this Law Masters subject:
  
 Melbourne University Law Masters NFP Organisations: Current Regulatory and Governance Issues 

or alternatively you can e-mail us for more information at:  connect@pilch.org.au

Displaying the name of your association 
If your group is an incorporated association based in Victoria, the Associations Incorporation Act 1981 requires that you must display its full name (including the word ‘Incorporated' or ‘Inc'), and its registration number legibly on the following documents:

• the organisation's notices (including notices to members);
• the organisation's advertisements;
• official publications of the organisation (including newsletters, flyers, brochures); and
• other ‘business documents' of the organisation (see below).

A ‘business document' (sometimes called a ‘public document') is any document issued, signed or endorsed by or on behalf of your organisation, including:

• a business letter, statement of account, invoice or order for goods or services;
• a bill of exchange, promissory note, cheque or other negotiable instrument, or
• a receipt or letter of credit.

A summary of additional requirements and further information for Victorian incorporated associations about preparing official documents can be found in Part 9 of our Guide for Public Officers and Secretaries of Victorian Incorporated Associations which can be accessed at:

The Australian Taxation Office (ATO) has announced that it will be undertaking an education campaign for newly established not-for-profit organisations.  

Over the next few months, the ATO plans to contact those not-for-profit groups that have recently registered for an ABN, with the view to providing guidance and support on tax matters relevant to the not-for-profit sector.

The ATO is responsible for assessing and administering the various tax concession schemes for not-for-profits and have a dedicated not-for-profit news service that provides regular updates and guidance on tax issues for community organisations. 

If your not-for-profit has a tax-related question, you can contact the ATO's not-for-profit information service on 1300 130 248, or visit the not-for-profit section of their website below.

PilchConnect is piloting a telephone legal advice service for Victorian, not-for-profit (NFP) community organisations. 

This free telephone service is available for one-off legal advice on a limited range of legal issues. Further details about eligibility criteria for the advice service are available at:
  Telephone Advice Service.

For more information about the telephone advice service, or to make a legal inquiry on behalf of your organisation, please call us on  8636 4444 or  1800 706 220.  Our legal volunteers will answer your initial inquiry and, if eligible, a PilchConnect lawyer will call you back to provide your organisation with a short advice session.

The telephone advice service complements the existing legal support services  provided by PilchConnect, including:

• PilchConnect’s legal information web portal (see  Legal Information)
• PilchConnect’s legal referral service (see  Legal Referral Service)
• PilchConnect’s ongoing training program (see  NFP Seminar Series 2010)
• PilchConnect’s law reform and advocacy work (see  Law Reform & Advocacy)