On Monday 8 November 2004, the Government announced an enhancement to the Military Leave provisions contained in clause 78 of the Crown Employees (Public Service Conditions of Employment) Award 2002, by providing a Top up pay scheme.

This new policy is designed to provide further support to Reservists in the public service who make themselves available for peacekeeping operations overseas, or who undertake defence forces training.

The new policy provides that, for leave in excess of the current military leave entitlement of up to 24 days for army and naval reservists and 28 days for air force reservists, public service employees will receive Top up pay. This being the difference between their Reservist pay paid by the Commonwealth Department of Defence, and what they would ordinarily have received if they were at work. During periods of Top up pay the Government will maintain Reservist's superannuation, and Reservists will continue to accrue sick leave and extended leave entitlements.

In administering the new Top up pay scheme, Public Service Agencies will not be required to seek the approval of the Public Employment Office, and employees will still be offered the choice of taking annual leave or extended leave rather than Top up pay.

Employees will need to provide a certificate of attendance or other authentication signed by the Commanding Officer (or other responsible officer) to receive Top up pay.

It is expected that the potential cost of the new Top up pay scheme will be offset, in part, by the operation of the Commonwealth's Employer Support Payment (ESP) Scheme, which is designed to compensate employers for releasing their employees for Defence Force service. The ESP Scheme only applies once an employee has been on military leave for at least 3 weeks per financial year. See Premier's Department Circular 2004-11, Commonwealth Defence Employer Support Payment Scheme.

Amendments to the Crown Employees (Public Service Conditions of Employment) Award 2002, are currently being drafted to reflect the new policy.

Other public sector employers are strongly encouraged to adopt Top up pay provisions for Reservists who make themselves available for peacekeeping operations overseas, or who undertake defence forces training in excess of existing entitlements.

Please contact Simon Spence on p. 9228 3612, or [email protected], if you require any further information.

C Gellatly
Director-General

Issued : Employee Relations & Workforce Planning Services (Public Employment Office)
File no: PSM/03596 PT 2
Date:
This circular has not superseded any other Memorandum/Circular

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relates to C2006-25