Document ID: chunk:federal_register_of_legislation:C2004C01347:clause:1_731b:p1
Version: federal_register_of_legislation:C2004C01347
Segment Type: clause
Provision Reference: sch 1 cl 731B (pt 1/2)
Character Range: 19350–21882

731B  Meaning of unsuitable work for the purposes of the activity test

 (1) For the purposes of subsection 731A(1) and subparagraph 731A(7)(a)(i), particular paid work is unsuitable paid work in respect of a person if and only if, in the Secretary's opinion:
 (a) the person lacks the particular skills, experience or qualifications that are needed to perform the work and no training will be provided by the employer; or
 (b) it has been established that there is medical evidence that 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) the work requires the person to move from a home in a place to a home in another place; or
 (i) for any other reason, the work is unsuitable for the person.

 (2) 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 full‑time work (whether or not work of the kind sought) in the new area;
the work offered is not unsuitable work in respect of the person because of paragraph (1)(g) or (h) unless:
 (c) the person is under the age of 18 or over the age of 50; or
 (d) the person or the person's partner is pregnant; or
 (e) the person or the person's partner has a severe medical condition and the condition makes it unreasonable for the person to accept the offer; or
 (f) the acceptance of the offer would jeopardise the current employment, or the employment prospects, of the person's partner; or
 (g) the person or the person's partner has a child under the age of 16 years who is living with them or is living somewhere else in the