Your Right to Change Employment Service Providers

Changing Employment Service Providers is a very important right of unemployed workers. If your employment service provider refuses to fulfill their obligations towards you, requesting a transfer to another provider can be an effective way to ensure you receive the appropriate treatment.

If you believe you have a valid reason to transfer, the AUWU recommend you request a transfer by calling the the Department of Employment Customer Service Line on 1800 805 260 (free call from landlines).

Alternatively, you can download a transfer by agreement form here. You will have to sign and submit this form (either physically or via email) to both your current job agency, and the job agency you want to transfer to.

Before you try and organise your transfer, click here to search for job agencies in your area to find one close to you.

According to the law, you can transfer in the following five circumstances:

1.5   Changing Providers Due to Change of Address

If you change address you and you become closer to another provider, you are within your rights to request a transfer:

A Stream Participant [Newstart recipient] may, at any time be transferred from the provider to another Employment Provider:

  1. by DHS or the Department, where the Stream Participant moves to a new location that is not within a reasonable distance of a Site of the Provider

                                                                                                                                                       Jobactive Deed 2015-2020, Section 81.1

When a Stream Participant notifies the Department of Human Services or their Employment Provider that they have changed their address, the Department’s IT Systems will determine whether the Stream Participant needs to be transferred.

The determination will be based on whether:

  • the Stream Participant has moved to a new Employment Region
  • the Stream Participant’s current Employment Provider has a Site that services their new address
  • the Stream Participant has relocated to a remote location covered by the Remote Jobs and Communities Programme (not covered by this Guideline).

Note: Employment Provider Sites are mapped to postcodes in the Department’s IT Systems.

Where the Stream Participant changes their address and their current Employment Provider has a Site that services their new residential postcode, the Stream Participant will be automatically transferred to that Site (unless they are already connected to that Site).

Where the Stream Participant’s new address is not serviced by a Site of their current Employment Provider, the Department’s IT Systems will automatically transfer the Stream Participant to another Employment Provider in accordance with clause 81.1(a) of the Deed.

Note: Where the Stream Participant wishes to remain with their current Employment Provider, they can request a transfer back to a Site of their current Employment Provider in accordance with this Guideline.

Note: The exception to this transfer process is where a Stream Participant is subject to a Relocation Assistance to Take Up a Job Agreement. In this case the Stream Participant will not be transferred as a result of a change of address

Transfers Guideline, p. 2

1.5.1   Changing Providers by Agreement

Stream Participants may transfer to a new Employment Provider if their current Employment Provider, their proposed Employment Provider and the Stream Participant all agree to the transfer

A request for a transfer by agreement must be completed by both the current and proposed Employment Providers and the Stream Participant.

There are two options for lodgement:

  1. Lodgement on the Australian JobSearch website
  • A request for a transfer by agreement can be lodged electronically via the Australian JobSearch website [call the JobSearch website on 13 62 68 for advise]
  • The Stream Participant commences the process by lodging a request on the Australian JobSearch website. The Stream Participant’s request will first be sent to the proposed Employment Provider for agreement
  • If the proposed Employment Provider agrees, the transfer request will be sent to the Stream Participant’s current Employment Provider.

If both Employment Providers agree, the Stream Participant will be automatically transferred. The current and proposed Employment Providers must action the request for a transfer by agreement within three business days of receiving the request otherwise the request will be automatically declined.

Note: If either the current or the proposed Employment Provider declines the request, the transfer will not be actioned and the reason will be entered into the online form. The form will then be sent to the Stream Participant.

  1. Lodgement through the Employment Services System (ESS)

A transfer by agreement request can also be lodged in the Department’s IT Systems using the Transfer by Agreement Form, which is available on the Provider Portal and the Department’s public website:

 

  • When all parties agree and sign theTransfer by Agreement Form, the current Employment Provider must enter the details into the Department’s IT Systems to action the transfer. The current Employment Provider must retain a copy of the signed form
  • Where either the current or the proposed Employment Provider declines the transfer request, they should be informed of the outcome of the request.

 

Note: Stream Participants with a current Level 3 Incident Report (refer to the Servicing Job Seekers with Challenging Behaviours Guideline) and Pre-release Prisoners cannot have their transfer completed through the Australian JobSearch website.

 

The Employment Provider of a Stream Participant with a current Level 3 Incident Report (including Pre-release Prisoners) must contact the Department’s Employment Systems Help Desk on 1300 305 520 to facilitate a transfer where agreement has been reached by all parties. Pre-release Prisoners will need to use the Transfer by Agreement Form which the current Employment Provider must lodge using ESS, as outlined above.

  Transfers Guideline, p. 2-3

1.5.2   Changing Providers Due to Relationship Failure

A stream Participant may, at any time, be transferred from the Provider to another Employment Provider by the Department where the Department is satisfied that:

 

  1. The Stream Participant [Newstart recipient] will receive services that could better enhance their Employment prospects from the other Employment Provider; or
  2. The Stream Participant and the Provider are unable to achieve or maintain a reasonable and constructive servicing relationship, as determined by the Department

 Jobactive Deed 2015-2020, 81.1 (b)

 

Where the Department determines that the relationship between the Employment Provider and the Stream Participant has broken down, the Department will transfer the Stream Participant to another Employment Provider (see clause 81.1(b) of the Deed) where one is available.

 

Stream Participant initiated request

Where a Stream Participant considers that it cannot maintain a reasonable and constructive relationship with their Employment Provider, they can contact the Department’s National Customer Service Line. A customer service officer will record the request and help to make the transfer where appropriate.

Employment Provider initiated request

Where an Employment Provider considers that it cannot maintain a reasonable and constructive servicing relationship with a Stream Participant, it can complete the Transfer Due to Relationship Failure Form and forward this to the Department’s National Customer Service Line for investigation. The Department will consider the request based on the evidence provided, including whether the Employment Provider has followed the process outlined in the Servicing Job Seekers with Challenging Behaviours Guideline.

Approval/transfer process

Where the Department’s National Customer Service Line approves a transfer due to relationship failure, it will select an alternative Employment Provider where one is available. In doing so it will take into account a range of factors, including Star Ratings and provider location, and facilitate the transfer of the Stream Participant. The Stream Participant will be sent a letter advising them of their new Employment Provider and the date and time of their next appointment.

Where the Department’s National Customer Service Line does not approve the transfer, it will notify the Employment Provider and/or the Stream Participant in writing. If the Employment Provider and/or Stream Participant are not satisfied with the outcome, they can request a review of the decision by notifying the Department’s National Customer Service Line in writing within 14 business days of the original decision.

Review process

Where the Employment Provider and/or Stream Participant request a review of the original decision, it will be undertaken by a Departmental officer who was not involved in the original approval process. In undertaking the review, the Departmental officer should consider whether the Employment Provider has applied the strategies outlined in the Servicing Job Seekers with Challenging Behaviours Guideline.

If the outcome of the review is that the request for transfer is approved, the Department’s National Customer Service Line will action the transfer using the process outlined earlier in this section.

Where the outcome of the review is that the request for transfer is not approved, the Employment Provider and/or Stream Participant will be notified in writing and the Employment Provider must continue to provide Services to the Stream Participant.

Transfers Guideline, p. 4

 

1.5.3   Changing Providers for Better Servicing

 

A stream Participant may, at any time, be transferred from the Provider to another Employment Provider by the Department where the Department is satisfied that:

 

  1. The Stream Participant [Newstart recipient] will receive services that could better enhance their Employment prospects from the other Employment Provider; or
  2. The Stream Participant and the Provider are unable to achieve or maintain a reasonable and constructive servicing relationship, as determined by the Department

Jobactive Deed 2015-2020, 81.1 (b)

 

Where a Stream Participant has demonstrated to the Department’s satisfaction that they will receive better Services from another Employment Provider, the Stream Participant may be transferred to that Employment Provider (see clause 81.1(b)).

 

To request a transfer, a Stream Participant may contact the Department’s National Customer Service Line, which will assess the request. Where the Department determines that the Stream Participant has demonstrated that they will receive better servicing from another Employment Provider, the Department will action the transfer. Where the Department does not agree to the request, the Stream Participant will be informed of the decision.

Transfers Guideline, p.4 

1.5.4   Changing Providers Due to ‘Maximum Time with Provider’ Policy

A stream Participant may, at any time, be transferred from the Provider to another Employment Provider by the Department where:

 

  1. a Stream A Participant’s Period of Registration exceeds 24 months; or
  2. a Stream B Participant or Stream C Participant’s of Registration exceeds 36 months; and
  • they remain unemployed

unless:

  1. the Stream Participant achieves an Employment Outcome, in which case the time under clause 81.1(d) (i) and (ii) runs from the date of the achievement of the Outcome; or
  2. there is no available Employment Provider in the relevant Employment Region for the Stream Participant to transfer to.

Jobactive Deed 2015-2020, 81.1 (d)

Additionally, please note that:

  • The Period of Registration pauses for Suspensions
  • Under the Maximum Time with Provider policy the term ‘remain unemployed’ means that the Employment Provider has not claimed a Full Outcome or Partial Outcome for the Stream Participant over the relevant period. When an Outcome Payment is claimed, a new two-year/three-year period commences.

The maximum time with provider transfer will not occur when a Stream Participant is:

 

  • commenced in a job placement that is tracking towards an Outcome Payment
  • participating in a work for the dole place or other activity to meet their annual activity requirement
  • relocating for employment through Relocation Assistance to Take Up a Job, has signed agreement in place and has an ‘expected to start’ job placement recorded in the Department’s IT Systems.

 

When the Job Seeker Placement ends or the Job Seeker Placement does not lead to a four-week or 12-week Outcome Payment, the Stream Participant will be transferred. When the participation in the Work for the Dole Place or other activity ends the Stream Participant will be transferred.

The Department will take into account a range of factors when determining which Employment Provider the Stream Participant will transfer to, including the Stream Participant’s proximity to the gaining Employment Provider; and the gaining Employment Provider’s Star Rating.

Where a Stream Participant is transferred under the Maximum Time with Provider policy, the Stream Participant can request a transfer for better servicing or transfer by agreement. However, they cannot move back to their original Employment Provider unless there are exceptional circumstances.

Transfers Guideline, p.5

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  3. I’d put it in writing, I’ve made three complaints about the same person and guess who they got to call me discuss it.

  4. Let me say that the entire setup is completely illegal and will be canceled after NESARA & GESARA goes through. There is enough wealth on this world to provide all 8 billion people living here with several million dollars each, and it is coming. I’ve been watching it for over 20 years and it’s imminent. Google the word NESARA to see what this legal document is – as it is a refund of all illegal income taxes and so much more. So have hope.

    Centrelink is a for profit, private corporation set up in the USA. You can’t take centrelink to court in Australia, you have to go to USA to do that. The USA court system including their top court is a privately owned corporation as well, so in fact you can never win. You are enslaved. Earth is known as a slave planet and being forced into jobs against your will is in violation of every law, and will change soon. They keep dropping nuclear warheads on Hawaii, Japan, all over the place, and each bomb is neutralised. They want WW3 but it won’t happen; they are being taken down. Every president except Trump has been a robotic clone, a puppet. Look at whatshisname here who took that bite of an onion with the brown skin on…he’s a clone. The music industry is full of satanic clones all dancing in satan’s name, because they’re human robots. We advanced past the combustion engine in the 50’s. We have science fiction type advances all repressed, including the cure for cancer. They want all ‘slaves’ to die, to suffer, and that is exactly what the DES is about. Just know that karma will get all those fools who abuse others for fun. They get paid to put you in any job. They get paid to do it quickly. They will come down, as this is total Treason.

    Trump has declared a national emergency (which fake, mainstream media ignored) and is currently taking down all the people trafficers, the sex trafficers, and those evil ones at the top who own Centerlink, own the Central Banks, own the IRS and the CDC. It’s all coming down right now. So have hope. All the new technology and NESARA to be announced soon. Free energy for homes etc. No income tax. New car propulsion technology. New Governments. And Freedom.

    1. You have a point even though most people will call you nuts. And they aren’t robots they are however being controlled in some way by the central bankers. Don’t need to name them as I’m sure you know who they are.
      There’s one thing you’re wrong about however. It will not change and will get worse.
      If Trump did not win the election we would already be a year into WW3. Ive read a lot on this and Hillary Clinton was getting ready to declare war on Iran which of course means war with Russia. People don’t understand that these tyrants have no enemies left. Not ones that are a match for them anyway. A few countries in Europe, South America, Iran and Russia. All of these places have massive sanctions to weaken them. Russia are their only real challenge. That’s why they are being attacked through controlled media, with no proof or legitimate reason.
      These tyrants have chosen the liberal democratic system to do this because most people trust them for their fake social system.
      It’s so obvious but most people are blind or to busy to care.
      Get ready for the Big Bang. It will happen before 2025. Australia will be the safest place on earth and be flooded with people when this happens.
      This war will wipe out a third of the worlds population.

  5. My letter to Jobsearch.gov.au.

    “Request for extension of the maximum time for jobsearch provider transfers

    To whom it may concern,

    I have just spent the entire morning getting an engaged signal from Centrelink – Newstarts (general) contact number – 132850. I then waited a further 38 minutes to get through to the complaints department to report this problem!

    I was recently sent a text message from the Department of Employment Services (Department of Jobs and Small business) stating that I am required to transfer to a new jobsearch provider, as I have been with APM for over 104 weeks (2 years).

    I was told I in the text message that I have been placed with “Workskills”. No option to freely choose my jobsearch provider was offered.

    In 2013 I was with Workskills as a jobsearch provider, when I was previously unemployed. I found myself a job and as such Workskills asked me to complete a form (survey) as part of my transition from unemployment to work. During in my time with Workskills they never found me any jobs, let alone an interview! The form Workskills provided asked how many jobs Workskills had found for me during my time with them. There was no option of zero jobs, the only options on the Workskills form were, Workskills found (me) 1-5 jobs or 6-10 jobs!
    I made a complaint to Workskills about the form and lack of option to select zero jobs. I also reported Workskills for fraud to the appropriate government body at the time.

    I live in a capital city where there are only three job active employment providers, which means if I want to transfer to another provider the only other option I have is to go to MaxEmployment, unless I can get approval for a disability (which expands the number of jobsearch providers considerably). I was assigned to Workskills and I have been blocked from re-selecting APM on the jobsearch website.

    I phoned MaxEmployment today to enquire about transferring to them and was met with a very rude customer service representative on the phone. When I enquired about transferring from Workskills to MaxEmployment the lady informed me that I would need to fill in a form (paper) and get consent from Workskills to transfer to MaxEmployment. I asked if I could do the transfer online or over the phone and was told I would need to complete a paper copy of the transfer form from Workskills and submit it to MaxEmployment. I do not have sufficient money for petrol or a bus fare. I do not have a printer. I am unable to walk any great distance due to my Achilles tendon. The lady from MaxEmployment was rude and completely uncompromising.

    I live in a capital city where there are currently only 3 jobsearch providers. Worksills (4 stars), APM (3 stars) and MaxEmployment (2 stars) for jobactive unemployed people .

    I really do not want to have to use Workskills as a jobsearch provider, particularly after their previous fraud when I was with them. I really do not want to transfer myself to MaxEmployment when they are rated the WORST jobsearch provider in the area (barring some disability employment service providers). I certainly do not want to support or have government money spent supporting such a poor performing, rude, incompetent jobsearch provider as MaxEmployment or a fraudulent one such as Workskills.

    Under the Jobactive Deed 2015-2020, 81.1 (b):

    “A stream Participant may, at any time, be transferred from the Provider to another Employment Provider by the Department where the Department is satisfied that:
    The Stream Participant [Newstart recipient] will receive services that could better enhance their Employment prospects from the other Employment Provider; or
    The Stream Participant and the Provider are unable to achieve or maintain a reasonable and constructive servicing relationship, as determined by the Department”
    Jobactive Deed 2015-2020, 81.1 (b)
    “Where a Stream Participant has demonstrated to the Department’s satisfaction that they will receive better Services from another Employment Provider, the Stream Participant may be transferred to that Employment Provider (see clause 81.1(b)).
    To request a transfer, a Stream Participant may contact the Department’s National Customer Service Line, which will assess the request. Where the Department determines that the Stream Participant has demonstrated that they will receive better servicing from another Employment Provider, the Department will action the transfer. Where the Department does not agree to the request, the Stream Participant will be informed of the decision.”

    I really do not want to be transferred to a fraudulent jobsearh provider, such as Workskills.
    I really do not want to be transferred to a sub-par, rude, jobsearch provider who is ignorant of the rules and legislation required to be a jobsearch agent/provider. How does this improve my chances of getting a job? Particularly as I have a good relationship with APM.

    How does transferring me to a sub-par jobserach provider improve my chances of getting a job? Especially considering there are insufficient jobs and 16 unemployed people for every advertised job! As you are no doubt aware unemployed increased by 27,800 people over the last year, regardless of how many jobs the government claimed it created!

    Under the Jobactive Deed 2015-2020, 81.1 (b), please may I be transferred back to my original jobsearch provider – APM. Where I know I will at least get good service and support.

    Kind regards
    Australian citizen

    P.S.
    In reality the privatisation of the CES (Commonwealth Employment Service) has been a massive budgetary burden to the people of Australia. With private jobsearch providers now costing the budget over $7.2 BILLION dollars per annum, on par with the total cost of Newstart, Youth Allowance and Austudy combined. Money that would be much better spent increasing social security payments above the poverty line and/or creating jobs.

    How can such a system ever be effective when it is in the interests of private jobsearch provider corporations for there to be a continual pool of unemployed people? Or if said jobsearch providers were to miraculously find every unemployed person a job, they themselves would be unemployed!

    How can these private jobsearch providers even be considered viable when there are 16 unemployed people for every available job? To continue with such economic and social madness is not in the national interest. It is effectively just giving private corporations government money; as there is no way for the private jobsearch corporations to find everyone a job!

    We have already seen numerous jobsearch providers being charged, fined and removed for defrauding the system. We have recently seen the number (choice) of jobsearch providers decline to what is quickly becoming a private monopoly over welfare policing and enforced jobsearch provision.

    It really is time to return to a government controlled, central authority such as the CES. It would be far cheaper and easier to manage. There is not one example in Australia where privatisation of government departments has saved money or improved services. It is time to put ideological insanity aside and return to the nation’s best interests of evidence based approaches to public services, policy and legislation.”

    Fingers crossed.
    I hope my post script does not diminish my chances of success. Then again I am cynical of a positive response.

    1. I can see them responding by saying everything you already know; “This is compulsory and we want you to encourage you to find a job…” I hope that I’m wrong. Having dealt with these imbeciles and being “forced” to do WFTD activity in a dirty Salvation Army shop after graduating, your chances of getting a logical response is almost 0%.
      No matter who you have contacted, the threats of your payment being stopped are consistent and that’s going to be mentioned in every response you get (if you get any). They’ll make you go to an employment agency wether you like it or not.
      Good Luck.

  6. I was with Sureway as a job seeker for about three years and they tried their hardest to find me job. But then I was sent to CGVT six months ago and it’s been an absolute nightmare ever since. They were suppose to arrange ‘Work for the Dole’ over a month ago, failed to submit two police check forms, have made excuse after excuse and are now claiming they’ve encountered several barriers. I’ve done ‘Work for the Dole’ at a local charity store in the past and their more than happy to have me there again. Lately I’ve been getting the impression that CVGT have been making all these delays in an unprofessional attempt to get their own way and to send me somewhere which suits them and not me.
    Did not appreciate the last phone call from them and as a result suffered sever stress pains. It was something I did not need especially with the family going through financial difficulties at the moment.
    Sureway did not carry on the way CVGT has and in the past would have all the paperwork ready and prepared for me to sign and collect in order to do ‘Work for the Dole’. Will be making an attempt to transfer back to them tomorrow.

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