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ADF Reserves Leave Procedure

This is not a current document. It has been repealed and is no longer in force.

Section 1 - Purpose and Scope

Purpose

(1) The University recognises the valuable contribution that is made by Australia's Defence Force Reservists ("Reservists") to the defence and security of Australia.

(2) The University also acknowledges that Reservists bring valuable training and skills gained from their experience in the Australian Defence Force Reserves ("ADF Reserves") to their work at the University. 

(3) These procedures set out and allow for the implementation of leave entitlements for University employees who serve in the ADF Reserves, to enable them to balance their ADF Reserves and University commitments. 

Scope

(4) These procedures apply where employment is governed by the University's current Enterprise Agreement. For the purpose of these procedures, "military leave" will be referred to more broadly as "ADF Reserves Leave".

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Section 2 - Definitions

(5) For the purpose of these procedures:

  1. ADF Reserves Call Outs and Operational Service - includes but is not limited to obligatory ADF service in circumstances involving one or more of the following:
    1. war (within the meaning of the Defence Act 1903) or warlike operations;
    2. a time of defence emergency (within the meaning of the Defence Act 1903);
    3. defence preparation;
    4. peacekeeping or peace enforcement;
    5. assistance to Commonwealth, State, Territory or foreign government authorities and agencies in matters involving Australia’s national security or affecting Australian defence interests;
    6. support to community activities of national or international significance;
    7. civil aid, humanitarian assistance, medical or civil emergency or disaster relief; and
    8. call out under an order under section 28, 51A, 51AA, 51AB, 51B, 51C or 51CA of the Defence Act 1903.
  2. ADF Reserves Service - means any service, including training, as a member of the ADF Reserves.  ADF Reserves Service may be voluntary or obligatory.
  3. Employer Support Payment Scheme (ESPS) - provides financial assistance to employers of Reservists when the Reservist is absent from their workplace on eligible periods of ADF Reserves service.
  4. Obligatory ADF Reserves Training - includes but is not limited to:
    1. initial recruitment training courses; and
    2. training exercises and camps; where such attendance is compulsory.
  5. Paid ADF Reserves Leave – means paid leave equal to the difference between the employee’s ADF income and their University salary for the relevant period. Paid ADF Reserves Leave is available on a ‘top-up-pay’ basis where acceptable evidence has been provided by the employee.
  6. Voluntary ADF Reserves Service - means any service that is not obligatory (including voluntary training) as a member of the ADF Reserves.
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Section 3 - Eligibility, Entitlement and Conditions

Part A - Eligibility

(6) Casual, fixed-term and continuing employees, who are employed under the University's Enterprise Agreement, and who formally advise the University of their enlistment in the ADF Reserves may be granted Paid ADF Reserves Leave, unpaid ADF Reserves Leave or a combination of the two, to attend periods of ADF Reserves Service. 

(7) Unpaid adjunct, visiting and honorary appointees, are not eligible for ADF Reserves Leave.

Part B - Entitlement

Obligatory ADF Reserves Training

(8) Eligible fixed-term and continuing employees will be granted paid ADF Reserves Leave for Obligatory ADF Reserves Training.

(9) Eligible casual employees will be granted unpaid ADF Reserves Leave for Obligatory ADF Reserves Training.

Obligatory ADF Reserves Call Outs and Operational Service

(10) Paid ADF Reserves Leave will be granted to eligible fixed-term and continuing employees, to cover obligatory ADF Reserves Call Outs and Operational Service, where the University is eligible to receive payment under the ESPS.

(11) Paid ADF Reserves Leave will be granted until the completion of the period of obligatory service under which the payment is made, or to a maximum of 52 weeks, whichever is sooner.

Voluntary ADF Reserves Service

(12) Paid ADF Reserves Leave may be granted to eligible fixed-term and continuing employees, up to a maximum of 12 weeks, to cover Voluntary ADF Reserves Service (including voluntary training) subject to the University's operational need, and practical ability to release the employee, where the University is eligible to receive payment under the ESPS. 

Additional leave

(13) Any further requirement for absence from duty for ADF Reserves Service may be conducted as approved unpaid ADF Reserves Leave.  

Part C - Responsibilities

(14) Employees are responsible for ensuring that their ADF Reserves commitments have minimum impact on University operations.  This includes providing as much notice as possible of Reserve service and being flexible with ADF Reserves Leave dates where possible.  An example of this is not volunteering for excessive/repeated periods of training or service in a single year.

(15) Employees are responsible for informing their supervisor at the beginning of each calendar year, of their anticipated Reserve service commitments for the next 6-12 months, even when specific dates are unknown. Once specific dates become available, the staff member should notify their supervisor at the earliest practicable opportunity.

Part D - Conditions

Accrual

(16) ADF Reserves Leave is based on a calendar year and is in addition to any other accrued leave.

(17) Paid ADF Reserves Leave entitlements do not accumulate from year to year.

(18) ADF Reserves Leave (paid or unpaid) for any period will not break continuity of service for the purposes of long service leave.

(19) Paid and Unpaid ADF Reserves Leave while undertaking ADF Reserves Service (other than continuous full-time ADF service) is recognised as service for the purpose of leave accrual, superannuation, and other approved remuneration package benefits.

(20) Continuous full-time ADF service, as verified by an ADF issued contract of service, may impact on leave accrual, superannuation, and other approved remuneration package benefits. This will be assessed on a case by case basis.

Payment of allowances during periods of ADF Reserves Leave

(21) Relieving allowance, additional responsibilities allowance and first aid allowance will not be paid during periods of Paid ADF Reserves Leave.  

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Section 4 - Application and Approval Process

Application process

(22) When an employee becomes aware of the need to take ADF Reserves Leave, they should advise their supervisor and provide documentation from the appropriate ADF Reserves service that specifies the period of leave required and the purpose of the leave.

(23) Under normal circumstances, employees will submit a Leave Application Form together with documentation from the appropriate ADF Reserves Service that specifies the period of leave required and the purpose of the leave, to their supervisor at least four weeks prior to the commencement of the proposed leave. Shorter periods of notice may be accepted depending on the nature of the ADF Reserves Service.

(24) In circumstances where the need to undertake ADF Reserves Service arises more suddenly, when they return to work, the employee is required to provide their supervisor with a completed Leave Application Form and appropriate ADF documentation.

(25) MyHR cannot be used to apply for ADF Reserves Leave.

(26) After approval, the application and all supporting documentation is forwarded to HR Services for recording in Aurion (the University's Human Resource Information System).

(27) Professional employees are required to reflect the period of their leave on their attendance record. MyHR timekeeper will not accept this record until HR Services have recorded the actual leave in Aurion.

(28) For Paid ADF Reserves Leave to be claimed, employees must submit evidence of ADF Reserves earnings in the form of ADF issued payslip(s) for the applicable period, plus a signed confirmation of attendance completed by the relevant ADF Reserve Service Authorising Officer.  

(29) Payment of University allowances will cease during the period of leave.

Approval authority

(30) The Head of Work Unit (or equivalent depending on the organisational area) has the authority to approve ADF Reserves Leave, within the provisions of the Enterprise Agreement (entitlements appear under military leave) in conjunction with any other University policy or procedure, or industrial agreement that may apply.

(31) For periods of leave in excess of 6 months, the relevant Executive has the authority to approve. 

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Section 5 - Links and Forms

(32) SCU Enterprise Agreement

(33) Leave Application Form

(34) Defence Reserve Service (Protection) Act 2001