Document ID: chunk:federal_register_of_legislation:F2024C01079:schedule:2:p7
Version: federal_register_of_legislation:F2024C01079
Segment Type: schedule
Provision Reference: sch 2 (pt 7/28)
Character Range: 33080–41498

businesses may be submitted for a support payment.
       Note:  The hours that the member works in all of the related businesses may be combined under subsection 2.1.4.2 for the benefit of the applicant.

Division 3: When can a support payment be made to an employer applicant

3.3.1 When can a support payment be made to an employer applicant
1.  A support payment is payable to an employer applicant if, at the time of a member's absence on defence service, all of the following apply:

    a.                                                                                                                                                                               The applicant operated a registered business.

    b.                                                                                                                                                                               The business is trading or otherwise operating.

    c.                                                                                                                                                                               The member is employed by the business in any of the following capacities:

                                                                                                                                                                                     i.                                                                                                                                                                                                        As an employee under an employment arrangement for which a wage or salary is payable.

                                                                                                                                                                                     ii.                                                                                                                                                                                                       As an apprentice or trainee under a formal training contract.

                                                                                                                                                                                     iii.                                                                                                                                                                                                      As a result of being appointed to or employed by an authority or Department of the Commonwealth or of a State or Territory, including a local government body.

                                                                                                                                                                                     iv.                                                                                                                                                                                                       As a commission agent within the meaning of section 7 of the Defence Reserve Service (Protection) Act 2001.

    d.                                                                                                                                                                               The applicant and member have not entered into an employment arrangement established wholly or substantially for the purpose of the applicant appearing eligible for a payment under this Determination.
    e.                                                                                                                                                                               The member has been employed by the business for a minimum of 3 months before the start of any period of defence service.
    f.                                                                                                                                                                               The member is employed by the business as any of the following:
                                                                                                                                                                                     i.                                                                                                                                                                                                        As a full-time employee.

                                                                                                                                                                                     ii.                                                                                                                                                                                                       As a part-time employee.

                                                                                                                                                                                     iii.                                                                                                                                                                                                      As a regular casual employee.

    g.                                                                                                                                                                               The member is not any of the following:
                                                                                                                                                                                     i.                                                                                                                                                                                                        A contractor within the meaning as in section 7 of the Defence Reserve Service (Protection) Act 2001.

                                                                                                                                                                                     ii.                                                                                                                                                                                                       A casual employee.

    h.                                                                                                                                                                               The member is paid any of the following:
                                                                                                                                                                                     i.                                                                                                                                                                                                        A wage that is at least as much as the national minimum wage.

                                                                                                                                                                                     ii.                                                                                                                                                                                                       A wage in accordance with a salary sacrifice or other arrangement which provides an outcome that is equal to or more favourable than the national minimum wage.

    i.                                                                                                                                                                               The applicant has granted the member an absence from employment to render a period of continuous defence service.

2.  Despite subsection 1, an employer applicant of a member in part-time employment is not eligible for a support payment if the member is employed full-time by another employer.

3.3.2 Information that must be provided — employer applicant
1.  This section applies to an application for a support payment that is the first one made by the employer applicant that relates to that particular member for a period of absence on defence service commencing within the financial year