Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies to a person to whom section 32 of the Act applies who is entitled to be again engaged as an APS employee.
(2) The person must be engaged on the same basis on which the person was engaged before resigning to contest the election.
(3) The person
must be engaged at the same classification as
the person had before resigning
to contest the election (the previous classification ).
(4) The person must be assigned duties that are the same as, or similar to, the duties the person had before resigning to contest the election or, if such duties are unavailable, other duties at the previous classification.
(5) The person must be engaged on:
(a) the same terms and conditions of employment that applied to the person when the person resigned; or
(b) if the remuneration, or another term or condition, applying to the person's previous classification has changed since the person resigned -- the changed terms and conditions.
(6) For the purposes mentioned in subregulation (7), the continuity of the person's service is taken not to have been broken by the period between the person's resignation and the person's again being engaged as an APS employee but that period does not count as service.
(7) The purposes are:
(a) calculation of leave entitlements under the Australian Fair Pay and Conditions Standard or an employment arrangement that applies to the employee; or
(b) calculation of the employee's redundancy pay, however described, under an employment arrangement that applies to the employee.
Note For entitlements to long service leave and paid maternity leave, see the Long Service Leave (Commonwealth Employees) Act 1976 and the Maternity Leave (Commonwealth Employees) Act 1973 .