Your Right to be Referred to a Fair and Suitable Workplace

1.7  Your Right to Reject Unsuitable Work

Unsuitable Work is defined as follows:

Work may be unsuitable for a job seeker if it:

• involves skills, experience or qualifications that the person does not have, and appropriate training will not be provided by the employer,
  
• is above the job seeker’s assessed work capacity within the next 2 years with intervention,
• may aggravate a pre-existing illness, disability (1.1.D.160) or injury and medical evidence has been provided,
• involves health or safety risks and would contravene an occupational health and safety law,
• the job seeker is a principal carer of a child or children under SSAct section 5(1) and appropriate care and supervision of the child/ren is not available during the hours the person would be required to work,
• the terms and conditions for the work are less generous than the applicable statutory conditions,
• involves commuting from home to work that would be unreasonably difficult,
• involves enlistment in the Defence Force or the Reserve Forces,
• requires the person to change residence, or
• in the Secretary’s opinion, is unsuitable for any other reason.

Note: While there is a general provision that work may be unsuitable for a job seeker if it requires them to move from a home in a place to a home in another place, where a job seeker voluntarily seeks and is offered permanent full-time work that is located more than 90 minutes travelling time from their home or local area, they are subject to the seeking work out of local area provisions outlined later in this topic.

Guide to Social Security Law, 3.2.8.60

Other reasons Work may be considered unsuitable:

The main reason a job may be considered unsuitable for other reasons is if the job seeker considers the work to be unsuitable on moral, cultural or religious grounds. The following criteria should be considered to ensure that the job seeker’s objections are genuine:

• is there evidence of adherence to a particular set of ethical, moral or religious values?
• is the lifestyle and practices of the job seeker, as far as can be determined, consistent in regard to the particular issue?
• has the job seeker previously refused a number of positions based on a wide range of religious or moral grounds?
• is there evidence to consider the job seeker is not genuine in their objection?

Work would also be considered unsuitable if it is not consistent with prevailing community standards. For example, a job seeker would not be expected to take up work in the sex industry, even if such work were legal in the state or territory in which it was offered.

Work can also be considered unsuitable if it is the subject of industrial dispute.

Note: While all job seekers are required to accept suitable work to the level of their capacity, job seekers who are undertaking education or training that is included as a compulsory item in their Job Plan are only required to accept a job that fits around the timing of their training. This is to ensure that the job seeker can complete their training.

Guide to Social Security Law, 3.2.8.60

It is important to note that if an unemployed worker refused or left an unsuitable job they will not lose payment.

1.7.1  Unsuitable Work Definition

Mutual Obligation Requirements, p. 10

1.7.2  Unsuitable Work for People with Partial Capacity to Work

In addition to the reasons outlined above, a job may be regarded as unsuitable for a person with a partial capacity to work if:

• it does not provide appropriate support or facilities to take account of the illness, disability or injury, OR
• if the total cost of participating in employment means that the person with a partial capacity to work would be financially worse off as a result of undertaking the work.

In making a determination on the total cost of participating in employment, the delegate should consider the potential financial impacts of accepting that work upon a person with a partial capacity to work in the next complete fortnight. The following essential costs should be taken into consideration when assessing these financial impacts at the time the job offer is made:

• 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 which are not covered by the employer, or
• the cost of travel to and from the job by the job seeker’s normal means of transport.

Example 1: Mike has chronic pain which makes walking long distances difficult. Mike is offered a job of 15 hours per week as a receptionist for a local accountant. Mike can drive to the job in his car but there is no accessible parking located near the office. The nearest parking is 500 metres away. Walking this distance to and from his car to work would aggravate Mike’s condition. There is no other accessible transport available to Mike, therefore the job is not suitable.

Example 2: Sarah’s aunt comes around at 10am each morning to help Sarah shower. Sarah is offered a job that requires her to start work at 8:30am, 3 times a week. In order to accept the job, Sarah would have to pay for a private carer to help her shower as her aunt is unable to come any earlier. This job would be considered unsuitable due to cost of hiring a private carer. In addition, Sarah’s transport costs would leave her financially worse off.

Example 3: Julia has an acquired brain injury which has resulted in her having difficulties concentrating for long periods of time. She is offered a job as a telephone switch operator. The job cannot be adapted to accommodate her disability, therefore the job would be considered unsuitable.

Guide to Social Security Law, 3.2.8.60

 

 

1.7.3  Unsuitable Work for Principal Carer Parents

Mutual Obligation Requirements, p. 10

1.7.4  Your Right to Suitable Work

Part of the definition of Suitable Work is that the workplace must meet the general legal requirements. These requirements are known as applicable statutory conditions. These conditions are as follows:

 

• 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.

Guide to Social Security Law, 3.2.8.60