6Right of return

6 Right of return

(1) This clause only applies to a Commonwealth employee who is: (a) an APS employee; or (b) engaged in an FMA Agency. (2) If a Commonwealth employee has been granted leave for a period of engagement as an Australian Civilian Corps employee (the period of leave), the employee’s home employer must arrange for the employee to return to the home employer to undertake duties as soon as is reasonably practicable after the period of leave. (3) Subsection (2) does not apply where: (a) because of changed circumstances, it is not within the home employer’s power to arrange the return; or (b) the employee notifies the home employer that the employee does not wish to return to the home employer to undertake duties. (4) For the purposes of paragraph (3)(a), the engagement of another person to replace the employee during the period of leave does not constitute a changed circumstance. (5) Where the home employer arranges for the employee to return to the home employer under subclause (2), the home employer must arrange for the employee to undertake duties at the employee’s classification immediately before the period of leave commenced. (6) If the classification no longer exists, the home employer must arrange for the employee to undertake duties at an equivalent classification determined by the home employer. (7) Subclauses (5) and (6) do not apply if the home employer arranges for the employee to undertake duties under terms and conditions that are no less favourable overall than the terms and conditions that applied to the employee immediately before the period of leave.