EMPLOYMENT PROTECTION Office of Reserve Service Protection

Australia by

Linda Jelfs - Director

Use of Reserve Personnel

Times Have Changed• In the last decade the Reserve in Australia has

moved from a strategic reserve to an operational reserve

What they are doing now• Overseas operational deployments• Domestic operational deployments• Border security• Humanitarian assistance• Disaster relief

Authority

• Defence Reserve Service (Protection) Act 2001 (the Act)

• Defence Reserve Service (Protection) Act 2001 Regulations (the Regulations)

• Information and support is also provided to employers through the Australian Fairwork Ombudsman's Office

Key Parts of the Act

1. Protection against discrimination

2. Employment protection

3. Partnership protection

4. Education protection

5. Financial liability protection

6. Bankruptcy protection

7. Loans and guarantees to returned members

The Act

Sets out the entitlements and prohibitions that apply to Reservists who:

• Are rendering ADF Reserve service• Have rendered or• Intend to render

Areas for concern

1. Being refused or not offered employment

2. Dismissal or changed employment conditions

3. Hindered or refused release, includes recruitment

4. Forced or coerced into resigning from their employment or the Reserves

5. Forced to use accrued leave

Common Issues for Reservists

• Refused release to render ADF Reserve service

• Forced to use accrued types of leave

• Subject to changed terms of employment

• Coerced into resigning

• Bullying

• Harassment

• Denied employment or workplace opportunities

Common Issues for Employers

• Receiving insufficient notice or warning

• Conflicts with shift rosters

• Loss of key personnel

• Conflicts with business operations, seasons, cycles

• Lack of consultation with employee or ADF and

• No apparent ADF Unit point of contact

How does the ADF Assist Reservists and Support Employers

ADF Units assist by providing:

• Adequate notice whenever possible

• Written notification before and after

ADF Reserve service

• Opportunity for employers to raise issues and resolve issues at the lowest level

• Details of a relevant ADF unit POC

How Defence Expects Reservists To Assist Employers?

• Consider the employers needs

• Being fair and reasonable

• Provide Employers with ADF Unit POC

• Discuss the next 6-12 months of possible activities

• Selling the business benefits of training and reserve service gained through the ADF

• Encourage employers to adopt leave policies

Information and Access to:

• The Supportive Employer Program

• Assistance to develop leave policies

• The Employer Support Payment scheme

• Employer engagement activities

• Contact with ADF unit commander

• Contact with the Office of Reserve

Service Protection any time

What else is available to support Employers?

Employer Support Payment Scheme (ESPS)

Basic Information:

• For Employers and self-employed Reservist’s• Current payment is $1,393.00 per week for full time

employees• No restrictions on how payment is used • Higher rates of ESP available for:

* Health Professionals, * For Substantial Financial Hardship or Loss.

Who are we protecting?

Contacts and Information

Defence Reserve Websitewww.defencereservessupport.gov.au

Emaillinda.jelfs@defence.gov.au

ORSP Brochures and USBs with information in relation to ESP and the Act are available at this conference, please see an ‘Aussie’

delegate