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Staff and Volunteers – Managing the Tension JOANNE O’BRIEN CRH Law Level 10, 193 North Quay Brisbane Qld 4000 P: 07 3236 2900 E:[email protected] Workshop Schedule • Background to the issues • Scenarios for discussion • Develop a Charter of Relationship for Staff & Volunteers What’s Happening? • Challenges facing ‘Civil Society’ – Declining government funding & competitive purchasing of services – Increasing costs of regulatory compliance – GFC & negative impacts on fundraising – Increase in demand for services during economic downturn – Shortage of skilled staff in the sector • Deloitte Survey into the Not for Profit Sector 2012 The Effect • Confidence levels are negative for NFP organisations • Those with funding under $250K are least confident • Struggling to find good quality employees – Cannot offer attractive wages & career paths • In survival mode • PwC-CSI Community Index June 2013 The Statistics • ABS - Participation in voluntary work – 1995 – 3.2M or 24% of over 18s – 2000 – 4.4M or 32% of over 18s – 2006 – 5.2M or 34% of over 18s – 2010 – 6.1M or 36% of over 18s • The changing nature of volunteering – Virtual volunteering; – Corporate & school volunteer programs; National Student Volunteer Week 4-10 August 2014 – Growing demand for skilled volunteering The Other Side of the Equation • People living longer in retirement & looking for meaningful engagement – In the economy & community • Unemployment amongst young people is high • Employers look for workers with experience (but not too much) • Volunteering provides opportunities for personal development, recreation & expansion of social networks What is Volunteering? • Formal volunteering is an activity which takes place through not-for-profit organisations or projects & is undertaken: To be of benefit to the community & volunteer; Of the volunteer’s own free will & without coercion; For no financial payment; and In designated volunteer positions only. Volunteering Australia • Unpaid non compulsory work; that is, time individuals give without pay to activities performed either through an organisation or directly for others outside their own household International Labour Organisation What is Employment? • Employment Relationship – Legal link between a person, called the ‘employee’ with another person, called the ‘employer’ to whom she or he provides labour or services under certain conditions in return for remuneration International Labour Organisation • Paid Work – Any activity that is undertaken at the direction of an employer & is financially compensable Differences in the “Workplace” Employee Volunteer Remuneration (tax & superannuation) Optional: Reimburse expenses, vouchers, honorariums Vicarious liability Vicarious liability but protected by Civil Liability legislation Work Health & Safety laws Work Health & Safety laws Industrial laws Not Applicable Anti-bullying laws (FWA) Anti-bullying laws (FWA) Police checks for working with vulnerable people Police checks for working with vulnerable people Equal Opportunity & Anti-Discrimination Laws apply Inconsistency across the states Potential Union Representation No Union Representation What Creates Tension? • Employees’ Perspective: – Jobs are threatened concerned they are being: Displaced; or Replaced – Volunteers are a burden rather than a help Don’t have the skills or knowledge for the role – Volunteers aren’t reliable They don’t have to be here – Difficulty in managing volunteers Role of the Volunteer Manager What Creates Tension? • Volunteers’ Perspective: – Not valued – lack of recognition – No clear management – Lack of engagement/feedback – Participating can involve cost – Lack of relevant training – Desire to volunteer for more than one organisation What Creates Tension • Organisational Perspective – How to value volunteer contribution Is it best measured by hours contributed & dollars saved – Cost of managing volunteers – Cost of protecting volunteers Insurance – Success of volunteer programs may justify reduced funding Support for volunteering does not imply support for government downsizing or replacing paid work What about the Board? • Most are still volunteers – Highest paid employee reports to volunteers – Volunteer Directors are ultimately responsible – The CEO Director • One way to attract experience & quality is to pay Directors – What happens when some are paid & others are not? – Or, some are paid more than others? Scenario 1 • Your organisation, Happy Valley Counselling Ltd provides advocacy & support services to 3 rural towns in Happy Valley • You & your senior social worker are volunteers for the Rural Fire Brigade • It is late October, winter has been very dry & the inevitable happens when a cigarette butt is carelessly thrown from a car window • The fire is threatening 2 of the towns & the 3 is inundated with families needing shelter & support • The call comes from your brigade unit…………. Scenario 2 • You are CEO of Urban Renewal Inc, which undertakes rehabilitation of industrial sites & campaigns for action on climate change • Green Petroleum Pty Ltd has an office in the same building as Urban Renewal • Green Petroleum has obtained drilling permits in a pristine section of reef • Its manager contacts you about: – The company’s compulsory employee volunteer program – she has 20 employees who want to work on your project to rehabilitate a petrol station site; & – A cash donation of $200,000 as part of their social responsibility commitment Scenario 3 • Your organisation supports women & children affected by family violence • Past fund raising efforts have made it possible to purchase a house which is used to provide emergency accommodation • You have just been advised by the Department of Families that you will no longer receive funding for support services • There is no option but to make staff redundant • How do you keep the refuge operating effectively? Scenario 4 • You are CEO of Greenacres Care Ltd, an approved provider of residential aged care • Greenacres is situated in a rural town & has 85 places • In preparation for the 2014 reforms & with the support of the Chair, you recruited a financial guru onto the Board • The guru’s time is very valuable & he will be a paid Director • For many years the Chair has been paid an honorarium of $800 per year but the other 5 Directors are volunteers & have all been doing it tough as a result of the drought Scenario 5 • You have moved into the capital city in your state & taken a position as CEO of a refugee support service • The service is located in an inner city suburb • The demographics of the suburb are such that there are a lot of retirees with time on their hands & students who attend the nearby university • Volunteers are vital to the service & you have been inundated by: – Students with limited life experience who are looking for work experience & a way to express their disapproval of government refugee policies; & – Older Australians of Celtic origins with no foreign language skills • Discuss Scenario 6 • Having decided city living is not for you, you have moved to a semi-rural idyll on the outskirts of a major regional centre • Your new employer provides supports to young people living with a disability • For clients who have difficulty controlling aggression, the organisation’s policy requires supports to be delivered by 2 people • Funding cuts have meant that the organisation is increasingly reliant on volunteers & has limited training resources • Last week, a support worker, Sharon visited John Brown, a 25 year old young man with an acquired brain injury who lives on a farm Scenario 6 (cont’d) • Sharon was accompanied by a volunteer; Joe Smith • Joe loves poultry and would dearly love to have a rooster but he lives in town & local government by-laws prohibit the keeping of roosters • Joe was distracted by the magnificent rooster in the poultry run and while his back was turned, John hit Sharon across the back with a rake causing significant soft tissue damage and lacerations • In accordance with your policies, you withdraw services & the client’s family is irate • Your workers are refusing to use volunteers for client visits • What happens next? Charter of Relationship • Set of principles to underpin good relationships • Recognise the value of both employees & volunteers • Guide the development of more detailed policies & procedures • Ideally developed with input from both employees & volunteers Charter of Relationship • Where to begin? – – – – – – – – – Acknowledgement of respect of rights Reimbursement of expenses for volunteers Job protection Principles for determining what activities volunteers will be involved in How will volunteer contribution be included in grant/funding applications? Training & development opportunities Mechanism for resolution of problems Development of volunteering policies & procedures What happens during industrial disputes “There is a role in defining volunteering but beyond that there are individual stories, and they will be a millionfold” “..it is a two-way thing. It’s about what the volunteer gives & what the position offers him/her” Thank You / The End JOANNE O’BRIEN CRH Law Level 10, 193 North Quay Brisbane Qld 4000 P: 07 3236 2900 E:[email protected]