Commonwealth Numbered Acts

EMPLOYMENT SERVICES ACT 1994 No. 176 of 1994 - SECT 42

Unsuitable work
42.(1) For the purposes of paragraph 39(2)(a), particular paid work is taken
to be unsuitable for a person if, and only if, in the Employment Secretary's
opinion:

   (a)  the person lacks the particular skills, experience or qualifications
        that are needed to perform the work; or

   (b)  the person has an illness, disability or injury that would be
        aggravated by the conditions in which the work would be performed; or

   (c)  performing the work in the conditions in which the work would be
        performed would constitute a risk to health or safety and would
        contravene a law of the Commonwealth, a State or a Territory relating
        to occupational health and safety; or

   (d)  the work would involve the person being self-employed; or

   (e)  the work would be covered by an industrial award but the employer
        would only employ the person if the person agreed to become a party to
        an agreement reducing or abolishing rights that the award confers on
        employees; or

   (f)  the work would not be covered by an industrial award and the
        remuneration for the work would be lower than the minimum applicable
        rate of remuneration for comparable work that is covered by an
        industrial award; or

   (g)  commuting between the person's home and the place of work would be
        unreasonably difficult; or

   (h)  for any other reason, the work is unsuitable for the person.

Commuting-unreasonable difficulty

(2) For the purposes of paragraph (1)(g), commuting is taken not to be
unreasonably difficult if:

   (a)  both:

        (i)    apart from this subsection, commuting would be unreasonably
               difficult; and

        (ii)   the sole or principal reason for the difficulty is that the
               commuting involves a journey, either from the person's home to
               the place of work or from the place of work to the person's
               home, that does not normally exceed 90 minutes in duration; or

   (b)  in the Employment Secretary's opinion, a substantial number of people
        living in the same area as the person regularly commute to their
        places of work in circumstances similar to those of the person.

Remuneration

(3) A reference in subsection (1) to remuneration for work is a reference to
any income derived from the work that is income from personal exertion.

Definition

(4) In this section:

"income from personal exertion" has the same meaning as in the Social
Security Act 1991.