New rights guide to protect unemployed workers
AUWU working to reduce confusion and risk for people in the jobactive, DES and ParentsNEXT programs
Update 13 November: Minister Cash announced that ‘mutual’ obligations penalties will be reintroduced in Victoria from 23 November.
On 27 September the Australian Unemployed Workers’ Union concluded its strike against the harmful and oppressive (un)employment services system. Thousands of unwaged, underemployed and insecure workers stood up to job agency bullying and mistreatment since the strike began on 4 August.
But millions of people remain vulnerable to the callousness and incompetence of providers who have complete power to suspend the payments they rely on to live.
In response to Senator Cash’s 18 September announcement regarding the return of penalties for ‘mutual’ obligations, and her failure to consider the risks this creates for people on income support, the AUWU has worked with the government to produce a clear rights guide about current requirements.
We have also consulted with other stakeholders to ensure the information we are providing is consistent.
Information for people in the employment services system
From 28 September people in the jobactive, DES and ParentsNEXT programs should use the below information and linked resources to protect themselves from harmful job agency behaviour and prevent their payment being unfairly cut off.
If you’re not in one of these programs, show your support for people who are subjected to pointless and punishing requirements just to get their poverty payment. Go to the end of this statement to see how.
Below you will find information about:
What you can refuse to do without penalty or having your payment cut
What you can be forced to do
What you need to help you assert your rights when dealing with your job agency
What to do if your job agency bullies, threatens or pressures you
How to show solidarity with people in the (un)employment system
What can I refuse to do?
If you live outside Victoria, penalties have returned for most mutual obligations activities, however there are still some things you don’t have to do.
You can’t be penalised for refusing to attend activities in person. Your job agency must make all appointments, Annual Activity Requirements and other activities they organise available online or over the phone.
You can’t be penalised for refusing to do Work for the Dole, however your job agency may provide an alternative activity that you have to do if it can be completed online.
If you are in Victoria, or if you are a sole trader, you can still refuse all activities. You do not need to sign a job plan, answer job agency calls and emails, do job searches, attend training or volunteering, accept a job offer or do any other activities.
What can I be forced to do?
If you receive any income you must still report it to Centrelink, no matter where you live.
Note: the below requirements do not apply in Victoria – a full suspension remains in place and you can refuse all contact.
If you live outside Victoria and you’re in the jobactive or DES program you have to:
complete 8 job applications per month;
attend appointments online or over the phone with your provider (face-to-face is optional);
attend training online or over the phone (face-to-face is optional);
sign a job plan; and
accept a suitable job offer.
You will be subject to demerits if you fail to complete these activities and you don’t have a valid reason. Your job agency will apply these demerits without any involvement from Centrelink.
Your payment can be cancelled, but only by Centrelink, if you refuse to:
attend a job interview; or
accept an offer of suitable paid work.
Your job agency can’t cancel your payment – you will be referred to Centrelink first.
Contact the AUWU immediately if you are offered a job that doesn’t fit your circumstances – we will help you check whether you can refuse the job for a valid reason that will not affect your payment.
If you are in the ParentsNEXT program you now have to:
attend an initial appointment by phone or online, and then every three months (you may also attend appointments face-to-face if you prefer to do so);
negotiate and agree to a participation plan; and
participate in, and report on the activities you have agreed to.
What do I need to help me assert my rights?
We’ve prepared resources to help give you confidence that you are doing everything you need to so that your payment isn’t affected.
This information is designed to help you minimise activities that are not helpful for you or don’t make you feel good. You can download everything here: https://1drv.ms/u/s!Ao2X7nRblAZUhbU-ScCArGaFlwkRtg?e=Prwiu2
These resources include:
A brief rights guide with more information about the latest rules to assist you with self-advocacy when dealing with your job agency.
A checklist that summarises what’s in the rights guide.
Social media graphics you can share to help others understand their rights.
A bot that shares the latest information about the status of mutual obligations (you don’t need to join Twitter to see the updates): https://twitter.com/AUWU_MOBOT
The best way to stay up to date as the rules continue to change is to join the AUWU at auwu.org.au – it’s free.
What do I do if my job agency bullies, harasses or lies to me?
As always, the AUWU advocacy team is here to support you. Please call if you have any concerns or need help: 1800 AUWU 4U (1800 289 848)
While penalties were suspended we confirmed with Senator Cash’s office that job agencies can’t retroactively punish you for refusing to do activities before 27 September.
If you’re treated unfairly we will help you file a complaint or switch to a different provider – you have the right to change job agencies. We can also help you submit a complaint about your job agency.
We will support you to ensure that any offer of work meets the department’s criteria for suitability: https://guides.dss.gov.au/guide-social-security-law/3/11/1/20
If you or someone you know is struggling these organisations are here to help:
Lifeline: 13 11 14
Suicide Call Back Service: 1300 659 467
1800 RESPECT: 737 732
How can I show solidarity with people on Centrelink payments?
Share our posts on Twitter and Facebook or write your own. We prepared graphics you can use – download them here: https://1drv.ms/u/s!Ao2X7nRblAZUhbNIu3w5YXxDawqYPQ?e=aHUn87
Send this statement to people you know.
Sign the petition calling on the government to extend a full mutual obligations suspension to 31 December.
If you’re in waged work or are retired, join the AUWU as a solidarity member at auwu.org.au – it’s free.
Mutual obligations: what even are they?
Mutual obligations aren’t mutual – people can be cut off their measly payment if they don’t keep up with the punitive hamster wheel forced on them by the government and policed by for- and non-profit job agencies. And job agencies wrongly cut 120,000 people off their payment last year.
The types of activities include going to appointments with the job agency, applying for jobs, doing training, work for the dole, and a bunch of shitty shitty things that help no one get a job.
Go here for more info on why mutual obligations are not ok:
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