Suitable/unsuitable work 001-09140000

Under the Social Security Law, people receiving income support payments with mutual obligation requirements usually must show they are actively participating and undertaking tasks and activities which will help them into employment, unless Services Australia has granted the job seeker an exemption from these requirements.

A job seeker's mutual obligation requirements are generally determined by:

• their age
• their assessed work capacity
• whether they have the primary responsibility for the care of a child

Job seekers will have either full-time or part-time mutual obligation requirements. Job seekers with full-time mutual obligation requirements should be looking for work on a full-time basis and actively addressing individual circumstances that may affect their capacity to undertake paid work.

The following job seekers have part-time mutual obligation requirements:

• Principal Carer Parents (PCP) once the youngest child in their care turns six years of age
• job seekers with a Partial Capacity to Work (PCW) of 15-29 hours per week

The job seeker cohorts above can fully meet their part-time mutual obligation requirements by undertaking approved requirements for at least 30 hours per fortnight.

PCPs and job seekers with a PCW (15-29 hours per week) who are fully meeting their part-time mutual obligation requirements through 30 hours per fortnight of paid work (including self-employment) or approved study (or a combination) cannot be required to simultaneously undertake any job search or meet any other additional requirements. As such, they do not need to remain connected with a provider and can be suspended or exited from the provider's caseload.

Providers only can approve the following paid work combination activities:

• Any job seeker participating in at least 70 hours per fortnight of a combination of paid work and study (PSW activity code)
• Job seekers participating in at least 30 hours per fortnight of a combination of:
• paid work and study (PPW activity code) - principal carers under 55 years and those assessed as having a PCW (15-29 hours per week)
• approved voluntary work, study and paid work (PSV activity code) principal carers under 55 years, and
• approved voluntary work and paid work (PVP activity code) principal carers under 55 years

These job seekers are either suspended or exited from employment services, become Centrelink managed and have a Centrelink Job Plan negotiated. When they are no longer participating, the job seeker is to be referred back to employment services.

Job seekers aged 55 years and over who are meeting their full-time mutual obligation requirements through 30 hours per fortnight of paid work (including self-employment) or approved voluntary work (or a combination) cannot be required to:

• simultaneously look for additional work
• undertake other requirements

However, they must remain connected with an Employment Services Provider (although they are suspended on a provider's caseload). They must attend any notified appointments, however provider appointments should only be related to employment opportunities or job referrals.

Job seekers must actively look for work and be prepared to accept any offer of suitable work in a variety of fields. 'Suitable work' includes any work that a job seeker is capable of doing, not just work the job seeker prefers to do or is specifically qualified for. The work can be casual or permanent and Part-Time or Full-Time work (depending on the job seeker's assessed capacity).

Any work can be considered suitable provided it meets certain safeguards set out in Social Security Law, such as minimum statutory conditions and related health and safety considerations. Job seekers are therefore required to accept suitable work that may not be their first preference while they continue to look for work that better matches their qualifications, expertise and interest.

The applicable statutory conditions are:

• if the work would be covered by the Australian Fair Pay and Conditions Standard, the minimum terms and conditions for the work under that Standard
• if the work would also be covered by a transitional award - the minimum terms and conditions for the work under the transitional award, so far as the terms and conditions relate to rates of pay and casual loadings, or
• if the work would not be covered by the Australian Fair Pay and Conditions Standard, the minimum terms and conditions for the work under the relevant state or territory agreement or award

Work is unsuitable if it:

• aggravates a job seeker's medical illness, disability or injury
• is above the job seeker's assessed work capacity within the next two years with intervention
• does not meet the applicable statutory conditions of work
• requires the person to change their place of residence where they are unwilling to move
• involves unreasonable commuting time from home to work (more than 60 minutes one way for PCPs and job seekers with an assessed PCW and more than 90 minutes one way for other job seekers)
• involves skills the job seeker does not possess, and appropriate training will not be provided by the employer
• contradicts the moral, cultural or religious beliefs of the jobseeker
• requires the person to get a vaccination to commence or continue the employment and the individual:
• is not vaccinated, and
• does not wish to be vaccinated or is unable to be vaccinated.
  This includes where vaccination is a requirement under applicable state or territory jurisdictional public health orders or directions
• involves more than 15 hours per week and the job seeker:
• has an assessed partial capacity to work (PCW), or
• is a Principal Carer Parent (PCP)

Where job seekers are undertaking education or training as an approved requirement, the job seeker is only required to accept a job that does not conflict with the timing of that education or training.

Principal Carer Parents (PCP) cannot be required to accept employment of more than 15 hours a week. Additionally, consideration should be given as to whether:

• the PCP has access to appropriate care and supervision for their child/children during the times when the PCP would be required to work
• the location of either the workplace or the child care facility would make the total travel time to and from work unreasonable
• the PCP will be financially better off as a result of undertaking the work (refer to the Financial Suitability Test)

Work will be unsuitable for PCPs if they do not have access to appropriate care and supervision for their children at the times when they would be required to work.

Accordingly, where a job offer would involve employment outside school hours or on school holidays, a job is generally considered suitable if there is appropriate care and supervision for a child during the hours of work, including the time it would take the PCP to travel to and from work. Appropriate care and supervision means:

• child care provided by an approved child care service (within the meaning of the Family Assistance Administration Act 1999)
• any other care or supervision arrangements that the parent deems suitable
• where the child is attending school

Job seekers with an assessed PCW cannot be required to accept employment that involves working more than 15 hours a week.

Additionally, work will be unsuitable for job seekers with an assessed PCW if:

• it does not provide appropriate support or facilities to take account of the illness, disability or injury
• the total cost of participating in employment means that the job seeker would be financially worse off as a result of undertaking the work. Examples include personal care requirements incurred by the job seeker to get ready for work or while on the job, disability aids required for participation in the job that are not covered by the employer and the cost of travel to and from the job by the job seeker's normal means of transport