Document ID: chunk:federal_register_of_legislation:C2007C00215:clause:4_502:p2
Version: federal_register_of_legislation:C2007C00215
Segment Type: clause
Provision Reference: sch 4 cl 502 (pt 2/3)
Character Range: 70738–73328

generous than the minimum terms and conditions for the work under the Australian Fair Pay and Conditions Standard; or
 (f) the work would not be covered by the Australian Fair Pay and Conditions Standard, but, if it were so covered, the terms and conditions for the work would be less generous than the minimum terms and conditions for the work under the Australian Fair Pay and Conditions Standard; or
 (g) commuting between the person's home and the place of work would be unreasonably difficult; or
 (h) the work would require enlistment in the Defence Force or the Reserves; or
 (i) the work requires the person to move from a home in one place to a home in another place; or
 (j) for any other reason, the work is unsuitable for the person.

 (4A) The Secretary must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether, for the purposes of paragraph (4)(j), particular paid work is unsuitable for a person.

 (4B) To avoid doubt, a determination under subsection (4A) does not limit the matters that the Secretary may take into account in deciding whether, for the purposes of paragraph (4)(j), particular paid work is unsuitable for a person.

 (5) A person has, for the purposes of paragraph (4)(c), access to appropriate care and supervision for a child at a particular time if, at that time:
 (a) the child could be provided with care by an approved child care service (within the meaning of the Family Assistance Administration Act), and provision of that care would, in the Secretary's opinion, be appropriate in the circumstances; or
 (b) the child could be provided with other care that the person considers to be suitable; or
 (c) the child could be attending school, and attendance at that school would, in the Secretary's opinion, be appropriate in the circumstances.

 (6) For the purposes of paragraph (4)(c), a time when the person would be required to undertake the work includes reasonable amounts of time that would be needed for the person to travel from the person's home to the place of work and from the place of work to the person's home.

 (7) If:
 (a) a person seeks work in an area (the new area) that is outside the area (the old area) in which the person's home is situated; and
 (b) the person is offered permanent work (whether or not work of the kind sought) in the new area;
the work offered is not unsuitable for the person because of paragraph (4)(g) or (i) unless:
 (c) the person is under the age of 18; or
 (d) the person or the person's partner is pregnant; or
 (e) the person or the person's