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Australia - Defence Reserves Support

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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.
2.
3.
4.
5.
6.
7.
Protection against discrimination
Employment protection
Partnership protection
Education protection
Financial liability protection
Bankruptcy protection
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.
2.
3.
4.
Being refused or not offered employment
Dismissal or changed employment conditions
Hindered or refused release, includes recruitment
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
What else is available to
support Employers?
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
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 Website
www.defencereservessupport.gov.au
Email
linda.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
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