Information For Employers
Information in relation to current and recent call out orders and your obligations as an employer, can be found in the sections below.
Operation CIVIL ASSIST 2020
The Australian Defence Force (ADF) is conducting a notional reserve call out activity from the 14th to 29th October 2020 in preparation for the high risk weather season. At the request of the Government, the Governor General, His Excellency General (Retd) the Honourable David Hurley AC DSC, has issued a notional call out order for ADF Reserves.
All identified ADF reserve personnel are required to undertake reserve service over the period 14th to 29th October 2020.
This service is protected under the Defence Reserve Service (Protection) Act 2001 and as such, employees must be released from their civilian employment without being compelled to use any type of paid or unpaid leave during the period of service.Operation BUSHFIRE ASSIST 2019-2020
At the request of the Government, in order to support national disaster relief efforts, the Governor-General, His Excellency General the Honourable David Hurley AC DSC (Retd), issued a Call Out Order: Operation BUSHFIRE ASSIST 2019-2020 with effect from 4 January 2020.
The call out was issued by the Governor-General on advice of the Minister for Defence in accordance with the civil emergency and disaster relief circumstances set out in s.28 of the Defence Act 1903 (Cth). You can read a copy of the 'Order to Call Out the Australian Defence Force Reserves' here.
On subsequent advice from the Government, the Governor-General (on 26 January 2020) revoked the compulsory call out of the ADF Reserves. This took effect after 7 February 2020.
State and Territory governments remain the primary responders for disasters within Australia – the call out of Reservists was to enhance the ADF capacity to respond to multiple or sequential large-scale requests for support.
The call out focused on the 4th, 5th, 6th, 9th and 17th Brigades who formed the basis of three Joint Task Forces.
Reservists involved in the Reserve call out form part of a Joint Task Force in their respective state and provide assistance according to their skill set. As they are not ADF trained firefighters; this does not include firefighting duties.
Defence Service is protected under the Defence Reserve Service (Protection) Act 2001, and employers must release their employees from their civilian employment to undertake service without being compelled to use any type of paid or unpaid leave during the period of service.
Defence is ensuring that the hundreds of Reservists around Australia who are employed by emergency response agencies or volunteer organisations are exempt from the call out.
Responsibilities and Obligations
Members subject to the call out will be SERCAT 3 to 5 on SERVOP C (CFTS) and as such will be eligible for the relevant remuneration and conditions of service. Salary and superannuation will be payable for all personnel; and Service Allowance will be payable for members below the rank of LTCOL(E). Taxation will be applied. Some conditions will be determined based on individual circumstances and subject to meeting specified eligibility criteria. Any questions regarding remuneration and conditions of service should in the first instance be directed to the command chain or to housing.policyinquiry@defence.gov.au
Claiming Employer Support Payment Scheme
Employer Support Payment Scheme changes to support call out
Employers and self-employed reservists may access financial assistance through the Employer Support Payment Scheme (ESPS) for periods where a reservist is absent from their civilian workplace during a call out. In most cases the weekly rate is $1,658.70 for a full-time employee. For medical specialists this rate may be higher.
To increase access to these payments for employers of reservists who have been called out, the following eligibility provisions have been set aside:
- The annual qualifying period of two weeks unpaid service each financial year has been waived
- The minimum service period of five days has been reduced to two days
For employers claiming ESPS payments for their employee:
- The minimum period of employment (three months) has been waived
For self-employed reservists claiming ESPS payments during this absence:
- The self-employed member’s business does not need to provide the member’s principal source of income or principal source of employment for the previous 12 months.
Standard eligibility criteria will apply to all ESPS claims once a call out is revoked.
For more information on the ESPS, please click here.
To submit an ESPS claim, please click here.
Employer FAQs
The below is a list of frequently asked questions (FAQs) in relation to a call out of ADF Reserves. These have been compiled to provide further information for employers. If your question is not answered below, please contact 1800 DEFENCE (1800 333 362).
Q: What is a Defence call out?
A: Section 28 of the Defence Act 1903 permits the Governor-General to call out Reserves.
A call out order may be made under this section of the Act in circumstances (whether within or outside Australia) involving one or more of the following:
(a) war or warlike operations;
(b) a time of defence emergency;
(c) defence preparation;
(d) peacekeeping or peace enforcement;
(e) assistance to Commonwealth, State, Territory or foreign government authorities and agencies in matters involving Australia’s national security or affecting Australian defence interests;
(f) support to community activities of national or international significance; and
(g) civil aid, humanitarian assistance, medical or civil emergency or disaster relief.
Q: What does revocation of the call out mean?
A: The revocation of a call out means ADF Reserve personnel who were part of the compulsory call out may be able to return to their jobs, families, communities and personal commitments.
Q: What are an employer’s obligations when a reservist/employee is ready to return to work?
A: Reservist employees and their employers are encouraged to remain in communication about returning to work.
Defence reservists have a number of legislative protections covered under the Defence Reserve Service (Protection) Act 2001. Specifically, the Act states:
It is an offence for an employer to discriminate against, disadvantage, hinder or dismiss an employee or prospective employee for rendering Defence service. These protections also apply to contractors and partners and in certain circumstances to students enrolled in a course of instruction at an Australian education institution.
There is more information in the Return to Employment section above.
Q: Is there a link to the Defence Reserve Service (Protection) Act 2001?
A: The Defence Reserve Service (Protection) Act 2001 can be found at this link: https://www.legislation.gov.au/Details/C2019C00187
Q: Is assistance available for an employer to make contact with a reservist/employee?
A: Yes. An employer needing assistance to contact a reservist/employee, including after revocation of the call out, can call 1800 DEFENCE (1800 333 362) or complete the contact us section of this website.
Q: On return back to work what should I do as an employer for my employee?
A: Re-integrate your employee back into the workplace. Some may require more consideration than others during the re-integration period. The reservist will have access to ADF care and support if required and access to the Department of Veteran’s Affairs.
Q: Is the Employer Support Payment Scheme available during a call out?
A: Yes. The Chief of Defence Force has waived certain provisions of the Scheme for the employers of reservists and self-employed reservists who have been called out on continuous full-time service to make accessing these payments easier.
Standard eligibility criteria applies to all other reservists not subject to a call out.
Q: Are employers obligated to pay their employee/reservist while they are absent on Defence service?
A: No. An employer is not obligated to pay an employee/reservist while they are absent on Defence service in accordance with subsection 33(1) (a) of the Defence Reserve Service (Protection) Act 2001, subject to the conditions set out in subsection 33(2). The conditions set out in subsection 33(2), require an employer to pay wages to an employee/reservist if the employee/reservist was utilising a form of paid leave while also rendering Defence service. This can vary based on the Defence leave policy held by the employer.
Q: What type of leave should an employee/reservist use to undertake Defence service during a call out?
A: The Defence Reserve Service (Protection) Act 2001 details that there is no requirement for an employee/reservist to take any type of paid or unpaid leave while absent on Defence service. However, most employment contracts contain provisions that absences from the workplace require some sort of leave to be utilised. In the absence of any employment contract, during periods of Defence service and as a minimum, an employee/reservist may be released from their employment on Leave Without Pay (LWOP).
Q: Does an employee/reservist continue to accrue the likes of holiday and long service benefits with their employer while they are on call out?
A: This is subject to individual leave policy provisions and dependent upon long service leave legislation in the relevant state or territory.
Q: As an employer of a reservist subject to a call out, can I discuss their contribution with their work colleagues?
A: Definitely. We can all be proud of the efforts and sacrifices being made by reservists, their families and their employers during service to their nation.
Q: Is service compulsory if a reservist is subject to a call out?
A: Yes. Section 29(1) of the Defence Act 1903 states that “A member of the Reserves covered by a call out order is bound to render continuous full-time service for the period specified in writing by the Chief of the Defence Force.” This means that all selected ADF personnel, directed by the Chief of the Defence Force were required to report to their ADF unit to undertake continuous full-time service.
Q: Are there exemptions to call outs?
A: Yes. The Chief of the Defence Force (CDF) can determine, when required that certain reservists can be exempt from service during a call out. This will generally occur for organisations with individuals required to respond to the emergency within their civilian role, such as emergency services during bush fires.
It is likely that there will be a number of other reservists who are called out that are unable to provide support due to exceptional personal circumstances. In these cases, exemptions will be considered on a case-by-case basis by their chain of command.
If an employer has extenuating reasons why they may not be able to release their employee then they can also seek an exemption. In the first instance we recommend that they discuss their concerns with their employee who can then speak with the chain of command. If an option is not available to them then they can either complete the ‘contact us’ section of this website or call 1800 DEFENCE with the relevant details of their employee and their own contact details and Defence will provide a response.
Q: Do I have to let my reservist go?
A: Yes. Section 29(1) of the Defence Act 1903 states that “A member of the Reserves covered by a call out order is bound to render continuous full time service for the period specified in writing by the Chief of the Defence Force.”
If an employer has extenuating reasons why they may not be able to release their employee then they can also seek an exemption. In the first instance we recommend that they discuss their concerns with their employee who can then speak with the chain of command. If an option is not available to them then they can either complete the ‘contact us’ section of this website or call 1800 DEFENCE with the relevant details of their employee and their own contact details and Defence will provide a response.
Additionally, you may be entitled to receive Employer Support Payments to offset the costs associated for the loss of the staff member during the period of service.
Last update: Tuesday, 24 November 2020