Commonwealth Consolidated Acts

DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001 - SECT 28

             (1)  As soon as reasonably practicable after receiving an application under section 27, the employer must:

                     (a)  allow the member to resume work, or reinstate the member in employment, in the same capacity in which the member was employed immediately before he or she started to render defence service; and

                     (b)  ensure that the member’s terms and conditions of employment (including remuneration) are at least as favourable as those that would have applied to him or her in that capacity but for the service.

Exceptions

             (2)  Subsection (1) does not apply if:

                     (a)  the employer agreed to the resumption or reinstatement, but the member:

                              (i)  did not make himself or herself available for work as agreed between them; and

                             (ii)  did not have a reasonable excuse for not doing so; or

                     (b)  because of changed circumstances since the member was employed (except employing someone else to replace the member):

                              (i)  it was not within the employer’s power to allow the resumption or reinstatement; or

                             (ii)  the employer offered to employ the member in a capacity, and under terms and conditions, that were the most favourable that it was reasonable or practicable to offer him or her.