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The Fair Work Act 2009 has been in operation since 1 July 2009 and includes ten key minimum entitlements for all employees in the National Employment Standards (NES) . The NES apply from 1 January 2010.
Below is an extract from the NES within the Fair Work Act 2009 regarding emergency services volunteers and leave.
"Division 8 – Community service leave
108 Entitlement to be absent from employment for engaging in eligible community service activity
An employee who engages in an eligible community service activity is entitled to be absent from his or heremployment for a period if:
 (a) the period consists of one or more of the following:
- time when the employee engages in the activity;
- reasonable travelling time associated with the activity;
- reasonable rest time immediately following the activity; and
(b) unless the activity is jury service - the employee's absence is reasonable
in all the circumstances.
109 Meaning of eligible community service activity
General
(1) Each of the following is an eligible community service activity:
- ...
- a voluntary emergency management activity (see subsection (2));
...
Voluntary emergency management activities
(2) An employee engages in a voluntary emergency management activity if, and only if:
- the employee engages in an activity that involves dealing with an emergency or natural disaster; and
- the employee engages in the activity on a voluntary basis (whether or not the employee directly or indirectly takes or agrees to take an honorarium, gratuity or similar payment wholly or partly for engaging in the activity); and
- the employee is a member of, or has a member-like association with, a recognised emergency management body; and
- either:
- the employee was requested by or on behalf of the body to engage in the activity; or
- no such request was made, but it would be reasonable to expect that, if the circumstances had permitted the making of such a request, it is likely that such a request would have been made.
...
110 Notice and evidence requirements
Notice
(1) An employee who wants an absence from his or her employment to be covered by this Division must give his or her employer notice of the absence.
(2) The notice:
- must be given to the employer as soon as practicable (which may be a time after the absence has started); and
- must advise the employer of the period, or expected period, of the absence.
Evidence
(3) An employee who has given his or her employer notice of an absence under subsection (1) must, if required by the employer, give the employer evidence that would satisfy a reasonable person that the absence is because the employee has been or will be engaging in an eligible community service activity.”
To be entitled to community service leave, an employee must advise their employer as soon as practicable notice of the expected period of absence for the community service activity. However, the entitlement of the employee to be absent must still be reasonable in all the circumstances.
Factors that may be considered in determining what is reasonable in the circumstances will include the duration of the absence, the nature of the emergency or natural disaster, the employer’s business needs and the size of the employer’s business. For example, an employee’s absence for an extended period of time may not be reasonable if the employer’s business is a small business. |
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