Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline
Version 1.21
Disclaimer This document is not a stand-alone document and does not contain the entirety of Job Services Australia Providers' obligations. It should be read in conjunction with the Employment Services Deed 2012-2015 and any relevant guidelines or reference material issued by the Department of Employment under or in connection with Employment Services Deed 2012-2015.
Table of Contents
Summary 3
Rapid Connect 3
Transfers 3
Minimum Wage 4
Documentary Evidence 4
Employment Services Deed Clauses: 4
Reference documents relevant to these guidelines: 5
Explanatory Notes: 5
Claiming Job Seeker Placement and Job Seeker Outcome Fees (Employment) 6
Creating an activity placement and claiming a Job Seeker Outcome Fee (Education) 7
Canvass Employers and Host Organisations for Vacancies or Assignments 8
Check Vacancy conforms to Australian JobSearch Conditions of Use 8
Vacancy lodged on ESS within one Business Day as ‘Job Seeker Placement’ or ‘Found Own Employment’ 8
Special Vacancy Type such as Out of Area Job; Mining, Energy and Utilities Job; Australian Employment Covenant (AEC) 9
Skills In Demand Flag 9
Screen, match, refer and place job seekers 10
Job Seeker Commences in an Employment Related Activity 10
Provider records Job Seeker Placement Commencement confirmation 11
Vacancy is filled or withdrawn and closed on ESS 11
Job Seeker Placement Verification 11
10 Consecutive Working Days 11
Lodging a Job Seeker Placement Fee 12
Placement override request 12
Multiple Assignments - same or similar work requirement 13
Job Seeker Placement Fees for Exited job seekers 14
Job Seeker Placement Fees for Related Entities with the same ABN 14
Job Seeker Placements with a Paid Induction 15
Non-Payable Placements 15
Request Job seeker Rate Reduction Result (JRRR) or the Job seeker Employment Hours Result (JEHR) 16
Monitoring job seeker earnings and notifying Centrelink that a job seeker is not declaring or under declaring income and/or hours worked from Employment 17
Stand-alone JRRR/JEHR calculators 18
Upgrade in Employment Related Activity 18
Job seeker Commences Qualifying Education Course 19
Combined part-time Employment and part-time Education Job Seeker Outcome Fee 20
Bonus 21
Skills in Demand Occupation Bonus 21
Directly Related Employment Bonus 21
Permissible Break 22
85 per cent rate reduction and Permissible Breaks 25
Rostered shift patterns or duty rosters 26
Government Funded Programs 26
Same or similar services 27
Recurring Employment 27
Suspension period 28
Principal Carer parents 28
Partial Capacity to Work (PCW) 29
Work Trial 29
New Enterprise Incentive Scheme (NEIS) 30
Access Program 32
Early School Leavers Skills for Education and Employment (SEE) Program 32
The day after the 13 Week Period concludes the 26 Week Period commences 33
Submitting an Automated Special Claim or Manual Special Claim 34
Payment is transferred to Provider 35
Claiming Job Seeker Placement Fee Documentary Evidence Guide 36
Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline
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Vacancy, Job Seeker Placement and Job Seeker Outcome Policy and Documentary Evidence Guidelines
Document Change History
Version / Start Date / Effective Date / End Date / Change & Location /1.2 / 11 Sep 14 / 11 Sep 14 / Policy: Update minimum wage details (pg 4)
Correction to reference of Non-Payable Outcome to clause 79.4(d) (pg 16);
Addition of reference to Manual Special Claims for Job Seeker Outcome Fees (pg 17);
Addition of job seeker to education Outcome Documentary Evidence requirements (pg 19);
Remove reference to CDEP and CWES (pg 27);
Update reference to ACCESS programme (pg 32);
Narrative: Adjustment to formatting in Placement Guide (pg 36)
1.1 / 5 Jun 14 / 5 Jun 14 / 10 Sep 14 / Policy: Confirmation of dates of affect for the current National Minimum Wage (pg 5);
Removal of requirements to confirm successful filling of Vacancy or Assignment for Job Seeker Placement (pg 7 and 37);
Clarification that education placement in ESS within 28 calendar days of Commencement (pg 8);
Addition of Documentary Evidence changes post 1 July 2012 (pg 17-18);
Clarification of 28 calendar day timeframe to enter education placement in ESS (pg 8 and 20);
Update to the location of the Skill Shortage List (Australia) (pg 22);
Clarification of Permissible Break Documentary Evidence requirements for illness (pg 24).
Addition of cessation to Access Program (pg 34)
1.0 / 1 Apr 14 / 1 Apr 14 / 4 Jun 14 / Original Version
Summary
These Guidelines provide information about a Job Services Australia Provider’s (hereon referred to as ‘Provider’) responsibilities and required actions when claiming Job Seeker Placement and Job Seeker Outcome Fees under the Employment Services Deed 2012-2015 (the Deed) in relation to Full Outcomes and Pathway Outcomes for Employment, Education and Training related activities.
NOTE: For the purposes of this Guideline, a Fully Eligible Participant as defined under the Deed who has Commenced in Stream 2, 3 or 4 or has received 52 weeks and 1 day of Services in Stream 1 and has negotiated their Employment Pathway Plan (EPP), will hereon be referred to as a ‘job seeker’.
Stream 1 (Limited) Participants are not considered an Eligible Placement Participant or Fully Eligible Participant for Job Seeker Placement and Job Seeker Outcome Fees.
Rapid Connect
If a Provider Commences a RapidConnect job seeker with Fully Eligible Participant (FEP) status in the Stream to which they are initially referred and enters an Outcome Start Date for an Employment or Education or Training, and the job seeker is subsequently moved to Stream 1 (Limited), the Provider is not eligible for a Job Seeker Outcome. Providers may, however, be eligible to claim a Job Seeker Placement Fees and be reimbursed for any assistance provided through the Employment Pathway Fund (EPF), provided the relevant requirements of the Deed have been met, in respect to a Fully Eligible Participant. Service Fees paid on Commencement of the RapidConnect job seeker will not be recovered by the Department of Employment in this instance.
Transfers
Where a Provider is part of a broader organisation and a job seeker transfers to another Site of the same organisation during a 13 Week or 26 Week Period, the claim of a Job Seeker Outcome Fee should be discussed and allocated internally within the organisation and only one 13 Week Period and one 26 Week Period Job Seeker Outcome Fee is claimable.
When a job seeker is transferred to a different Provider, the Provider with whom the job seeker was registered at the Outcome Start Date will be eligible to claim a Job Seeker Outcome Fee if all requirements are met. This applies to both 13 Week Period and 26 Week Period Job Seeker Outcome Fees. The original Provider may be eligible for a Job Seeker Placement Fee if all requirements are met.
Minimum Wage
The Deed prohibits payment of a Job Seeker Outcome Fee to a Provider for placement of participants in employment that contravenes Commonwealth, state or territory legislation (including workplace legislation) or employment that provides terms and conditions of employment which are inconsistent with the relevant workplace relations laws or any instrument made under such laws.
When a job seeker is in employment that pays less than the minimum wage to which the job seeker is entitled, this may affect the Provider’s entitlement to a Job Seeker Outcome Fee.
All national workplace relations system employees[1] have the benefit of a safety net of fair minimum wages and conditions:
• Employees to whom a modern award applies are entitled to the applicable minimum wage rates specified in the award.
• Award or agreement free employees must receive at least the ‘national minimum wage’ set out in the latest national minimum wage order.
• Employees to whom an enterprise agreement applies must receive the rates of pay specified in the agreement. Those rates, however, must not be less than the applicable base rates of pay in a modern award (if the award ‘covers’ the employee) or the national minimum wage (if no modern award ‘covers’ the employee).
For more information about the national workplace relations system visit the Fair Work Ombudsman website (www.fairwork.gov.au/resources/fact-sheets/conditions -of-employment).
The national minimum wage from 1 July 20143 to 30 June 2014 is $16.8737 per hour or $640.9022.20 per 38 hour week.
Documentary Evidence
Providers must hold all the required Documentary Evidence as specified in the Documentary Evidence for Claims for Payment Guidelines at the time of submitting a claim. In accordance with clause 20.2 of the Deed, a Provider must provide Documentary Evidence to the Department of Employment within 10 Business Days, if requested.
Where email is used, the Employer or Host Organisation or job seeker must be clearly identifiable as the sender in the email address and signature block. The signature block must also state the person’s name, and where applicable, the person’s position and organisation but does not need to include an electronic signature.
Employment Services Deed Clauses:
Clauses 77, 78 and 79
Annexure C: Fees and Reimbursements
Annexure E: Definitions
Clause 78 of the Deed details requirements relating to claiming Job Seeker Placement Fees, and relevant capitalised terms are defined in Annexure E. Table 3, Annexure C: Fees and Reimbursement of the Deed details Job Seeker Placement Fees payable where all of the relevant conditions provided in the Deed are met.
Clause 79 of the Deed details requirements relating to claiming Job Seeker Outcome Fees and capitalised terms are defined in Annexure E. Table 1, Annexure C: Fees and Reimbursement of the Deed details Job Seeker Outcome Fees payable where all of the conditions provided in the Deed are met.
Reference documents relevant to these guidelines:
Documentary Evidence for Claims for Payment Guidelines
Employment Pathway Fund Guidelines
Employment Services System (ESS) Training Reference Material
Explanatory Notes:
- All capitalised terms have the same meaning as in Employment Services Deed 2012-2015.
- In this document, “must” means that compliance is mandatory and “should” means that compliance represents best practice.
Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline
D14/107196 Effective Date: 5 June11 September 2014
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Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline
D14/107196 Effective Date: 5 June11 September 2014
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Claiming Job Seeker Placement and Job Seeker Outcome Fees (Employment)
Creating an activity placement and claiming a Job Seeker Outcome Fee (Education)
Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline
D14/107196 Effective Date: 5 June11 September 2014
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Job Seeker Placement and Outcome Fees:
Who is Responsible: / What is required: / Documentary Evidence:1. Provider
Canvass Employers and Host Organisations for Vacancies or Assignments
Employment Services Deed 2012-2015 Clause References:· Clause 78
· Definition of ‘Vacancy’
· Definition of ‘Assignment’
· Definition of ‘Employer’
· Definition of ‘Host Organisation’
· Definition of ‘Found Own Employment’ / A Provider who is:
· Not also a labour hire organisation and/or group training organisation can place a job seeker into a Vacancy but not an Assignment.
· Also a labour hire organisation and/or group training organisation may place a job seeker into a Vacancy directly with an Employer, when they are acting in their capacity as a Provider; or into Assignments with Host Organisations, when they are acting in their capacity as a labour hire or group training organisation.
Note: A Found Own Employment Vacancy will be recorded in ESS without the Provider canvassing for the position. / A template OR signed and dated written statement OR email can be used for the Employer to confirm:
o The Employer’s or Host Organisation name, AND
o The date and brief details of the request for recruitment services including position title or Vacancy type, AND
o The name of the Employer or Host Organisation’s staff member who confirmed the recruitment request, their position and contact details.
The Provider staff member’s name recording this information is required.
2. Provider
Check Vacancy conforms to Australian JobSearch Conditions of Use
Employment Services Deed 2012-2015 Clause Reference:· Clause 78.3(b) / After obtaining details of a Vacancy or Assignment from an Employer or Host Organisation, a Provider must ensure that the Vacancy or Assignment satisfies the Australian JobSearch Conditions of Use before lodging it on ESS. The Australian JobSearch Conditions of Use are displayed at www.jobsearch.gov.au/conditions.
The Conditions of Use provide general information about eligible Vacancies to upload on to ESS and more specific Vacancy information.
3. Provider
Vacancy lodged on ESS within one Business Day as ‘Job Seeker Placement’ or ‘Found Own Employment’
Employment Services Deed 2012-2015 Clause Reference:· Clause 78
· Definition of ‘Vacancy’
· Definition of ‘Found Own Employment’
· Definition of ‘Job Seeker Placement’ / Providers must lodge the Vacancy within one Business Day of it being obtained, unless ESS is not operational or the Provider has travelled to a remote location and cannot access the system.
The basic details required for all Vacancies or Assignments include Vacancy Title, Position limit, Location, Vacancy type, Work type, Tenure, and Vacancy Source.
Providers must select from the Vacancy Source drop down, either:
· ‘Job Seeker Placement’ after receiving consent to provide recruitment services to the employer; or
· ‘Found Own Employment’ after the job seeker has notified they have obtained their own employment.
A ‘Job Seeker Placement’ Vacancy also requires the advertising details to appear on Australia Job Search, including description of work, hours, salary, contact details and licences.
4. Provider
Special Vacancy Type such as Out of Area Job; Mining, Energy and Utilities Job; Australian Employment Covenant (AEC)
/ A Special Vacancy Type Flag is available in ESS in response to natural disasters, special job campaigns such as Out of Area jobs or resource sector jobs.Out of Area Job
Out of Area Jobs is an additional incentive in JSA Star Ratings for Providers to improve labour mobility by matching job seekers to jobs that may better assist them in achieving sustainable employment.
Please refer to the Out of Area Jobs Supporting Document available on the Provider Portal for more detail.
Mining, Energy and Utilities Job
The flag is used to identify employment opportunities in the resources sector, such as mining.