Use of Reserve Personnel

1. EMPLOYMENT PROTECTION Office of Reserve Service Protection Australia by Linda Jelfs - Director

2. 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

3. 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

4. Key Parts of the Act • Protection against discrimination • Employment protection • Partnership protection • Education protection • Financial liability protection • Bankruptcy protection • Loans and guarantees to returned members

5. The Act • Sets out the entitlements and prohibitions that apply to Reservists who: • Are rendering ADF Reserve service • Have rendered or • Intend to render

6. Areas for concern • 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 • Forced to use accrued leave

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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.

13. Who are we protecting?

14. 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