WA Radio Scanner Users' Group

Sorry guys, i know this is getting off track for what this website is all about. If i remembered rightly something was mentioned about this but i can not find it.

Volunteers Employment Protection when away attending incidents, is there any legislation or something along those lines from volunteers not getting penalised back at the work place, ie docked pay, when they were granted release from the employer to attend a incident?

SmashedXR6T wrote:Sorry guys, i know this is getting off track for what this website is all about. If i remembered rightly something was mentioned about this but i can not find it.

Volunteers Employment Protection when away attending incidents, is there any legislation or something along those lines from volunteers not getting penalised back at the work place, ie docked pay, when they were granted release from the employer to attend a incident?

There's nothing in place unless you have it in an EBA or similar. An employer is under no legal obligation to pay you while you are at an incident.

Only protection there is, is that you cannot be fired due to your emergency services participiation.

It is always best to talk to your employer and get a clear understanding of what type of leave they may grant you for attending emergency incidents. Is it ok to leave work to attend incidents? Can I turn up late without any notice because I was attending an incident that morning? Can I leave work at short notice to attend a prolonged incident (2 or more days)?

Even if you have a clause in your EBA stating you can attend, it is always best to talk with your employer. Remember work comes well before attending emegency calls. He may be happy for you to attend local calls, but can not afford for you to be away for 2 or more days (and by afford it may not be money related, there may be no one else to carry out your task). For example I know of an employer who had 4 employees, all vol f/f. Is it reasonable and fair on him for all of his work force to leave work to attend fires (in some cases upto 4 days). Even though they may be protected by an EBA or "Volunteer Employement Protection", who is protecting the business? What would be achieved if as a result of you attending incidents, your employer is forced to close the business? Alternatively he may sek to employe someone else and ultimately move you on.

The Federal Government will be bringing it into law in the near future.

Where are you getting your information from Helitak_670? What Law? Who and what industry will it cover? Quantify "soon". You need to be a little more specific with your information otherwise it leads to speculations and misinformation

As Observer says, speak with your employer about the matter. Have your Brigade Captain/Local Manager draft up a standard letter (We have, especially for the Cliff/Cave rescue team) explaining your importance within the team (acknowledging your importance with in their business) and ask if there is some sort of arragement that can be entered into. Most employers (99%) are very reasonable if approached the right way, it involves a bit of give and take by each party. The law in Western Australia only gives complete protection if it is a declared (by the minister) emergency. Dont forget also the employer awards for the employers that do go out of their way to assist. It doesnt hurt also for the Brigade Captain/Local Manager to send out thank you letters to employers after an event occasionally, especially if it is more than a few hours. These can be made up on a template so it doesnt take long to do.
Nick

See http://www.workplace.gov.au/NR/rdonlyre ... 2003em.pdf

I believe this bill passed into law.