Employment Status of Faith Workers

Faith Workers in Australia fall broadly into two categories - those who have an employment contract and those who don't.

If you have an employment contract then your employment status is clear. You have all the rights and responsibilities that go with being an employee in Australia.

If you don't have an employment contract things get more complex. It may be that a court or tribunal will view you as an office holder. If it does, you can't make a claim for general protections or unfair dismissal. But that's not the whole story. Because each case is determined on its facts. So it is possible that a faith organisation may consider you an employee 'in fact' even if there is no employment contract. 

Most faith workers don't have the resources to pursue a complicated case through the Fair Work Commission or a Supreme Court. So for the time being, if you don't have an employment contract, you can generally assume that you are an 'office holder' without employment rights.

But that's not the whole story! Whether you are an employee, office holder or volunteer - you are still a worker for the purposes of work health and safety laws. And that does give you rights.

This is one of the many good reasons to join your union. If you get into strife, you need to know what rights and responsibilities you have (and don't have).

Read more about the Employment Status of Australian Clergy here.