Document ID: chunk:federal_register_of_legislation:F2024L01239:reg:34:p2
Version: federal_register_of_legislation:F2024L01239
Segment Type: reg
Provision Reference: reg 34 (pt 2/2)
Character Range: 57403–59805

had immediately before the resignation or, if such duties are unavailable, other duties at the same classification; and
 (c) engaged on:
 (i) the same terms and conditions of employment that applied to the person when the person resigned; or
 (ii) 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.
 (5) The person's continuity of service is taken not to have been broken by the period between the person's resignation and the person's re‑engagement as a Parliamentary Service employee, but that period does not count as service for the purposes of:
 (a) the National Employment Standards; or
 (b) any of the following that applies to the person:
 (i) a fair work instrument;
 (ii) a transitional instrument within the meaning of the transitional Schedules to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009;
 (iii) a determination under subsection 24(1) or (3) of the Parliamentary Service Act 1999;
 (iv) a written contract of employment.
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.

Specified elections
 (6) For the purposes of paragraph 32(1)(a) of the Act, the elections mentioned in subparagraphs (1)(a)(i), (ii) and (iii) of this section are specified.

   35  Re‑engagement of a former Parliamentary Service employee
 (1) The relevant Secretary may engage a person who is a former Parliamentary Service employee as an ongoing or non‑ongoing Parliamentary Service employee if:
 (a) the Secretary is satisfied that the person's former employment as a Parliamentary Service employee should not have ended; or
 (b) the engagement will settle legal action relating to the termination of the person's employment as a Parliamentary Service employee; or
 (c) an appropriate authority has recommended or ordered the reinstatement of the person.
Note: An appropriate authority includes, for example, the Federal Court of Australia, the Fair Work Commission or the Australian Human Rights Commission.
 (2) The person must be engaged:
 (a) on the same basis (ongoing or non‑ongoing) as the person was when formerly employed; and
 (b) at the same or a lower classification.

Division 3—Engagement on probation