Commonwealth Consolidated Acts

DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001 - SECT 27

             (1)  A member whose contract of employment is suspended under section 26 may apply to the employer to resume work under the contract. An application must be in writing (unless the employer waives that requirement).

             (2)  If the contract of employment was terminated in accordance with law while the member was absent on defence service but another employer (the new employer ) is carrying on:

                     (a)  the business or undertaking in which the member was employed under the contract; or

                     (b)  another business or undertaking which includes that business or undertaking;

the member may apply in writing to the new employer for reinstatement.

             (3)  The member must apply to the employer or new employer within 30 days after ceasing to render defence service.

             (4)  If an employee is reinstated in employment with a new employer, the contract of employment under which the member was previously employed is novated to the new employer.