Skip to content

  • Home
  • COVID-19 Guide
  • COVID-19 AV library
  • Client results
  • Expertise
  • News & Insights
  • People
  • Our DNA
  • Inclusion and Diversity
  • Join us
  • Contact Us
Home / NEWS & INSIGHTS / Insight / Bushfire relief and volunteer entitlements: rights & obligations
Insight 14 January 2020

Bushfire relief and volunteer entitlements: rights & obligations


WHO SHOULD READ THIS

  • All employers, human resource managers and in-house lawyers who manage employee absences, leave approval and leave policies.

WHAT YOU NEED TO KNOW

  • An employee may have a statutory right to volunteer as part of the national response to the bushfire relief effort and there are several types of leave available.

Background

The nation and the world have watched as Australia grapples with one of the worst natural disasters the country has ever seen.  As part of the national relief effort, employers and employees should be aware of entitlements available to those volunteering in the relief response.

These entitlements include statutory Community Service Leave, specific community leave under enterprise agreements (EA) and obligations regarding the Australian Defence Force Reserves subject to the mandatory call out.

Community Service Leave

Where an employee joins the bushfire relief effort, there is an entitlement under the National Employment Standards (NES) for unpaid community service leave for a voluntary emergency management activity (this includes working with a recognised emergency management body, such as firefighting, civil defence or a rescue body).  The right to access this leave applies to all employees covered by the national workplace relations system, regardless of any award, agreement or contract. 

An employee is entitled to take community service leave:

  • while they are engaged in the activity;
  • for reasonable travel; and
  • for rest time. 

There is no limitation on the amount of community service leave an employee can take, so long as it is reasonable.  There are some notice and evidence requirements.  Importantly, under the Fair Work Act 2009 (Cth) (FW Act) an employer cannot terminate, or take adverse action against, an employee for engaging in a voluntary emergency management activity where their absence is reasonable.

Of course, employers can also elect to continue to pay their employees while they are accessing community service leave.

Enterprise Agreements

Employees can also rely on paid volunteer and community leave that may be available to them under their relevant EA.  Whether or not this is an entitlement will depend on the terms of any applicable EA.   

Defence Call Out for Reservists

The Governor-General initiated a Defence Call Out on 4 January 2020 to support national disaster relief efforts under the Defence Act 1903 (Cth).  For employers, the Call Out places additional obligations on workplaces that have Reservist employees in their workforce.  This means that all employers are required by law to release ‘called out’ employee Reservists to undertake all types of Defence services. 

In addition to workplace rights and entitlements under the FW Act, Reservists have additional workplace protections under the Defence Reserve Service (Protection) Act 2001 (Cth).  Reservists are protected in their civilian workplace from discrimination, disadvantage or dismissal for reasons associated with their service. 

While there is no legal obligation for employers to pay employees while they are absent on Defence service, special arrangements can be agreed.  Employers also cannot make employee Reservists take their annual leave or long service leave for absence on Defence service, but the employee may voluntarily elect to do so by mutual agreement with their employer.

Employers of Reservists absent due to the Call Out are, in some circumstances, also entitled to receive payments from the Commonwealth’s Employer Support Payment Scheme to compensate a business for the loss of an employee during their period of service. 

Government Response to entitlements for volunteers

As the nation responds to the bushfire crisis, the government are providing additional leave entitlements for employees who volunteer in emergency services. This includes:

  • for Australian Public Service employees, they will have their paid volunteer leave allowance boosted to 20 working days leave paid, with additional leave to be provided where required; and
  • NSW Rural Fire Service volunteers who are self-employed or work for small and medium businesses, will be able to apply for payments up to $300 per day and a total of $6000 per person to provide for lost income.

In exceptional circumstances like these, employers and employees can always agree on special arrangements to support the relief effort.

For further information, please get in touch with our Employment Relations and Safety team below.

This publication covers legal and technical issues in a general way. It is not designed to express opinions on specific cases. It is intended for information purposes only and should not be regarded as legal advice. Further advice should be obtained before taking action on any issue dealt with in this publication.

About the authors

  • Tim Longwill

    Partner
  • Cameron Dean

    Partner
  • Mick Moy

    Partner
  • Tom Reaburn

    Senior Associate

BIANCA BANCHETTI
Lawyer

In other news

McR strengthens the Construction and Infrastructure team in Brisbane

McCullough Robertson strengthens its National Construction and Infrastructure team with key Partner hire in Brisbane

27 January 2021News

New Industrial Relations Laws – What it means for you

22 December 2020Insight

Payment Times Reporting Scheme

21 December 2020Insight

Australian Government proposes new broadcaster’s licence and forced investment quotas in Media Reform Green Paper

14 December 2020Insight

VIEW ALL NEWS & INSIGHTS

BRISBANE

Level 11, 66 Eagle Street
Brisbane QLD 4000
GPO Box 1855
Brisbane QLD 4001
Tel +61 7 3233 8888
Fax +61 7 3229 9949

 

GET IN TOUCH

Contact form

We handle your personal information in accordance with our privacy policy.

sydney

Level 32, MLC Centre
19 Martin Place
Sydney NSW 2000
GPO Box 462
Sydney NSW 2001

Tel +61 2 8241 5600
Fax +61 2 8241 5699

 

GET IN TOUCH

Contact form


We handle your personal information in accordance with our privacy policy.

melbourne

Level 27, 101 Collins Street
Melbourne VIC 3000
GPO Box 2924
Melbourne VIC 3001

Tel +61 3 9067 3100
Fax +61 3 9067 3199

 

GET IN TOUCH

Contact form

We handle your personal information in accordance with our privacy policy.

follow us

CLIENT LOGIN

newcastle

Level 2, 16 Telford Street
Newcastle NSW 2300
PO Box 394
Newcastle NSW 2300

Tel +61 2 4914 6900
Fax +61 2 4914 6999

 

GET IN TOUCH

Contact form


We handle your personal information in accordance with our privacy policy.

canberra

Level 9, 2 Phillip Law Street
Canberra ACT 2601

Tel +61 2 6243 3699
Fax +61 2 8241 5699

 

GET IN TOUCH

Contact form


We handle your personal information in accordance with our privacy policy.

© 2017 McCullough Robertson. Site map Disclaimer Privacy Policy Credit Reporting Policy

X