Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline Version 1.2 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 20122015. 1 Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 Effective Date: 11 September 2014 Table of Contents Summary 3 Rapid Connect 3 Transfers 4 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Employment Related Activity 10 Provider records Job Seeker Placement Commencement confirmation 11 Vacancy is filled or withdrawn and closed on ESS 11 Job Seeker Placement Verification 11 10 Consecutive Working Days 11 Lodging a Job Seeker Placement Fee 12 Placement override request 12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 D14/107196 2 Effective Date: 11 September 2014 Vacancy, Job Seeker Placement and Job Seeker Outcome Policy and Documentary Evidence Guidelines Document Change History Version Start Date Effective Date End Date 1.2 11 Sep 14 11 Sep 14 1.1 5 Jun 14 5 Jun 14 10 Sep 14 1.0 1 Apr 14 1 Apr 14 4 Jun 14 Change & Location 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) 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) 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 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 Fee 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. 3 Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 Effective Date: 11 September 2014 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 employees1 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 2014 is $16.87 per hour or $640.90 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 1 The national workplace relations system applies to employees who are employed by a constitutional corporation (trading or financial or foreign corporation), those employed in Victoria, the ACT or Northern Territory, and those employed by sole traders, partnerships, other unincorporated entities and non-trading corporations in New South Wales, Queensland, Tasmania or South Australia (from 1 January 2010). The Commonwealth system also applies to waterside employees, maritime employees and flight crew officers employed in connection with interstate or overseas trade or commerce, and to employees employed by the Commonwealth or a Commonwealth authority. Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 Effective Date: 11 September 2014 4 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: 1. All capitalised terms have the same meaning as in Employment Services Deed 2012-2015. 2. 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 5 Effective Date: 11 September 2014 Claiming Job Seeker Placement and Job Seeker Outcome Fees (Employment) 6 Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 Effective Date: 11 September 2014 Creating an activity placement and claiming a Job Seeker Outcome Fee (Education) Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 7 Effective Date: 11 September 2014 Job Seeker Placement and Outcome Fees: Who is Responsible: 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’ 2. Provider Check Vacancy conforms to Australian JobSearch Conditions of Use Employment Services Deed 2012-2015 Clause Reference: Clause 78.3(b) 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: What is required: Documentary Evidence: 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. 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. Note: A Found Own Employment Vacancy will be recorded in ESS without the Provider canvassing for the position. The Provider staff member’s name recording this information is required. 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. 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 8 Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 Effective Date: 11 September 2014 Clause 78 Definition of ‘Vacancy’ Definition of ‘Found Own Employment’ Definition of ‘Job Seeker Placement’ 4. Provider Special Vacancy Type such as Out of Area Job; Mining, Energy and Utilities Job; Australian Employment Covenant (AEC) 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. 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. 5. Provider Skills In Demand Flag Employment Services Deed 2012-2015 Clause References: Definition of ‘Bonus’ Australian Employment Covenant (AEC) The flag is used to identify positions when employers are seeking Indigenous Australians. This supports the AEC initiative aiming to secure sustainable jobs for Indigenous Australians and is a three way commitment between employers, the Australian Government and Indigenous people. If the vacancy type is for an ‘apprenticeship’ or ‘traineeship’ identified on the Skill Shortage List (Australia) in National Shortage (S), Shortage in Metropolitan areas (M) or Shortage in regional areas (R) at time of placement, the Skills In Demand flag will be set to ‘Y’ if the referral result is ‘Placement Confirmed’. The flag will indicate a potential Skills In Demand Occupation Bonus in Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 9 Effective Date: 11 September 2014 Definition of ‘Skills in Demand Occupation’ 7. Provider Screen, match, refer and place job seekers Employment Services Deed 2012-2015 Clause References: Clause 78.4 Clause 78.5 Definition of ’10 Consecutive Working Days’ Definition of ‘Job Seeker Placement Hours’ Definition of ‘Job Seeker Placement Start Date’ Definition of ‘Vacancy’ Definition of ‘Assignment’ 8. Provider Job Seeker Commences in an Employment Related Activity Employment Services Deed 2012-2015 Clause References: Clause 79 Definition of ’13 Week Period’ Definition of ’26 Week Period’ Definition of ‘Outcome Start Date’ Definition of ‘Full Outcome’ Definition of ‘Pathway Outcome’ Definition of ‘Provisional Exit’ Definition of ‘Employment Related Activity’ ESS for an accompanying Job Seeker Outcome claim. Clause 78.5 provides the sequence that Providers must provide Services to be eligible to claim a Job Seeker Placement Fee. Prior to referring a job seeker, a Provider is required to make personal contact with the job seeker to discuss the Vacancy or Assignment and a possible referral. Personal contact refers to the requirement that the Provider and the job seeker must have a two-way conversation, such as a phone conversation, an email to the job seeker which the job seeker responds to, text message which the job seeker responds to, or a face-to-face discussion between the Provider and the job seeker. The referral date is automatically recorded in ESS when the Provider enters the referral. The referral must be recorded before the Job Seeker Placement Start Date. A Provider must enter the Outcome Start Date of the Employment Related Activity in ESS within 28 days of the day the job seeker started. Note: The Outcome Start Date is the actual start date of Employment in the Employment Related Activity. A Provider must enter a Provisional Exit in ESS if the Employment Related Activity is anticipated to satisfy Full Outcome requirements and an Exit from Stream Services. Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 10 Effective Date: 11 September 2014 A template OR signed and dated written statement OR email can be used for the job seeker to confirm the Provider found their employment, they were personally contacted about the Vacancy or Assignment and that a referral was discussed prior to being referred to the Employer. The Provider staff member’s name recording this information is required. 9. Provider A Provider confirms and records Commencement confirmation in ESS within 28 calendar days of the Job Seeker Placement Start Date. Provider records Job Seeker Placement Commencement confirmation Employment Services Deed 2012-2015 Clause Reference: Clause 78.5 (e) 10. Provider Vacancy is filled or withdrawn and closed on ESS Employment Services Deed 2012-2015 Clause Reference: Clause 78.3(c) 11. Provider Job Seeker Placement Verification Employment Services Deed 2012-2015 Clause Reference: Clause 78.5 (f) Definition of ‘Job Seeker Placement Hours’ Definition of ’10 Consecutive Working Days’ Definition of ‘Job Seeker Placement Start Date’ 12. Provider 10 Consecutive Working Days A Vacancy will close when a placement is confirmed. However, a Provider must also ‘manually’ close a Vacancy within 24 hours when: they become aware that the Vacancy is no longer vacant; or the Employer or Host Organisation no longer requires the Vacancy on ESS; or the Provider is instructed to close it by the Department of Employment. A Provider verifies the job seeker has worked the relevant Job Seeker Placement Hours over 10 Consecutive Working Days and records in ESS within 42 calendar days of the Job Seeker Placement Start Date. Payslips, payroll details, timesheets or Provider’s own template OR signed and dated written statement OR email can be used for the Employer or Host Organisation or job seeker to confirm the hours worked each day within 10 Consecutive Working Days, excluding breaks. The Provider staff member’s name recording this information is required. A job seeker must achieve their required Job Seeker Placement Hours over 10 Consecutive Working Days within 14 calendar days starting on the Job Seeker Placement Start Date to be eligible for a Job Seeker Placement Fee. Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 11 Effective Date: 11 September 2014 Employment Services Deed 2012-2015 Clause References: Definition of ‘Job Seeker Placement Hours’ Definition of ’10 Consecutive Working Days’ Definition of ‘Job Seeker Placement Start Date’ 13. Provider Lodging a Job Seeker Placement Fee Employment Services Deed 2012-2015 Clause Reference: Clause 78.5 Definition of ‘Job Seeker Placement Fee Date’ A Provider has discretion to discard up to 4 days from the count of 14 calendar days in order to make a total of 10 Consecutive Working Days from the Job Seeker Placement Start Date. A Provider can select the ‘claim’ tab for an eligible Job Seeker Placement Fee identified in ESS. A Provider must record the details of the claim date and select the ‘process claim’ button to progress to the Tax Invoice certification screen. The Tax Invoice for a Job Seeker Placement Fee must be submitted in ESS within 28 days of the Job Seeker Placement Fee Date. Once the certification screen is accepted, claim submission will occur and payment will be transferred to the Provider through ESS. All supporting Documentary Evidence must be held at the time of lodging a Job Seeker Placement claim and Clause 78.5 must have been performed in its entirety. Note: An eligible participant must have an Employment Pathway Plan and cannot be in Stream 1 (Limited). 14. Provider Placement override request A Provider may be required to lodge a placement override request in ESS when they are unable to lodge a Job Seeker Placement Fee in the ordinary ESS processes, such as a placement to a Related Entity with the same ABN as the Provider. Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 12 Effective Date: 11 September 2014 Payslips, payroll details, timesheets OR a template OR signed and dated written statement OR email can be used to meet Job Seeker Placement Fee Documentary Evidence requirements provided that collectively, the written evidence confirms: o Staff members name recording the information at the time it was obtained; AND o Employer or Host Organisation’s name; AND o Date of request for recruitment services; AND o Details of the recruitment request, including Vacancy type or position title; AND o Name of the Employer or Host Organisation’s staff member who confirmed the recruitment request, their position and contact details; AND o Confirmation that the Provider found their employment, made personal contact with the job seeker to discuss Vacancy or Assignment; AND o Confirmation that the Provider discussed the referral with the job seeker prior to referring to the Employer or Host Organisation; AND o Confirmation of the Job Seeker Placement Start Date and the hours worked each day within 10 Consecutive Working Days (excluding breaks). Job Seeker Placement Fee Documentary Evidence requirements in Section 13 apply to placement overrides for payment of Job Seeker Placement Fees. A Provider should first refer the job seeker to the relevant Vacancy in ESS. Select Payments & Funds>Overrides & Special Claims>Submit. Update the Program Type to ‘PLA’ from the pick list next to the program referral date field. Select the appropriate request type and provide supporting comments for the claim to be submitted on their behalf. 15. Provider Multiple Assignments - same or similar work requirement Employment Services Deed 2012-2015 Clause Reference: Clause 78.5 Clause 78.8 (b)(i) Definition of ‘Assignment’ Definition of ‘Host Organisation’ If a Provider is unable to make a job referral, do not submit an override request. In this instance, a Provider should submit a request via Helpdesk Online (available from within ESS) and ask for the job referral to be made on their behalf. A Provider can screen, match, refer and place a job seeker in one or multiple Assignments to satisfy the requirements for a Job Seeker Placement Fee as provided in the Deed. Note: Same or Similar work for multiple Assignments does not apply to Vacancies, even if the Vacancy is with a non-JSA Provider labour hire organisation. Same or Similar Work for multiple Assignments ‘Same or similar work’ may be defined as work performed by a job seeker that involves the same substantive roles, duties and skills being performed or utilised. A Provider must determine if the same or similar work requirements are met by the placement of the job seeker into multiple Assignments. The Host Organisation does not need to be the same for each Assignment to meet same or similar requirements. The requirement for same or similar work may be illustrated in the following example. Two restaurants both have Vacancies. Restaurant one has Vacancies for ‘chefs’ and ‘cleaners’. Restaurant two has Vacancies for ‘pastry chefs’ and ‘cleaners’. o A job seeker with Assignments to work as a cleaner, for both restaurants, may accrue the required Job Seeker Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 13 Effective Date: 11 September 2014 Job Seeker Placement Fee Documentary Evidence requirements in Section 13 apply for payment of Job Seeker Placement Fees. 16. Provider Job Seeker Placement Fees for Exited job seekers Employment Services Deed 2012-2015 Clause References: Definition of ‘Job Seeker Placement Start Date’ Definition of ‘Exit’ Definition of ‘Commence’ 17. Provider Job Seeker Placement Fees for Related Entities with the same ABN Employment Services Deed 2012-2015 Clause References: Definition of ‘Related Entity’ Definition of ‘ABN’ 18. Provider Placement Hours. This is because the work is the same, even though the Host Organisation is different. o A job seeker with an Assignment as a ‘pastry chef’ with one restaurant and an Assignment as a ‘chef’ with the other may also accrue the relevant Job Seeker Placement Hours. This is because the work is similar. o A job seeker with an Assignment as a chef with one restaurant and another Assignment as a cleaner (with either restaurant) cannot accrue the hours from these two Assignments to satisfy the relevant Job Seeker Placement Hours. This is because the work is different. When the Job Seeker Placement Start Date: is within 28 calendar days from the Exit date, a Provider may submit a Job Seeker Placement Fee in the normal ESS claiming process; or is greater than 28 calendar days from the Exit Date, a Provider must lodge an override in ESS; or occurred while the job seeker was Exited and Commenced as Stream 1 (Limited), a Provider will not be able to lodge a Job Seeker Placement Fee claim in ESS. Job Seeker Placement Fee Documentary Evidence requirements in Section 13 apply for payment of Job Seeker Placement Fees. When the Provider and the Employer (Related Entity) have the same ABN a Provider will need to lodge an override request in ESS for a Job Seeker Placement Fee. Job Seeker Placement Fee Documentary Evidence requirements in Section 13 apply for payment of Job Seeker Placement Fees. When a job seeker undertakes a paid induction and there is a delay in the start of the ongoing employment, a Provider can determine the Job Seeker Placement Fee Documentary Evidence requirements in Section 13 apply for payment of Job Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 14 Effective Date: 11 September 2014 Job Seeker Placements with a Paid Induction Job Seeker Placement Start Date as either the start date of the paid induction or the start date of the ongoing Employment. Employment Services Deed 2012-2015 Clause References: Definition of ‘Job Seeker Placement Start Date’ The job seeker must achieve their Job Seeker Placement Hours within 10 Consecutive Working Days from the nominated Job Seeker Placement Start Date. 19. Provider Non-Payable Placements Employment Services Deed 2012-2015 Clause References: Clause 78.5 Clause 78.6 Definition of ‘Found Own Employment’ Definition of ‘Non-Payable Placement’ Definition of ‘Own Organisation’ A Provider must have supporting Documentary Evidence when the Job Seeker Placement Start Date follows an initial paid induction and record the details in the ‘Referral Results’ Comments field. A Non-Payable Placement includes but it not only limited to a placement: Within Own Organisation; When the job seeker has Found Own Employment in a position; in a training course; in a position which a Job Seeker Placement Fee has already been claimed; and An Upgrade. In addition to instances that fall under the definition of Non-Payable Placement in Annexure E, a Provider must not claim a Job Seeker Placement Fee as specified under Clause 78.6. Found Own Employment includes where the job seeker has identified a Vacancy or Assignment prior to contact by the Provider with the relevant Employer or Host Organisation in relation to the relevant Vacancy or Assignment. For example when the job seeker has: applied for a position and subsequently informs the Provider; identified a vacant position and the Provider provides assistance to the job seeker to apply for the position; found and commenced in a position then subsequently informs the Provider that they are working; and/or gained Employment and subsequently informs the Provider, but Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 15 Effective Date: 11 September 2014 Seeker Placement Fees. has not yet commenced work. If the Provider then contacts the Employer and receives permission to lodge the Vacancy on ESS and/or provides a wage subsidy, this is still Found Own Employment as Clause 78.5 has not been complied with in its entirety. 20. Provider A Provider can determine if Job Seeker Outcome requirements have been met by requesting a report of the job seeker’s Income Support Request Job seeker Rate Reduction Payment reduction by using the JRRR or JEHR tools. The tools can be used any time from 27 days after Commencement to interrogate the Result (JRRR) or the Job seeker earnings and hours declared by the job seeker held on Centrelink’s IT Employment Hours Result (JEHR) Systems. Employment Services Deed 2012-2015 The use of the JRRR or JEHR depends on the participation Clause References: requirements of the job seeker at the Outcome Start Date or the first Definition of ‘Outcome Start Date’ day of the 26 Week Period. Definition of ‘Moved Outcome Start Date’ Definition of ‘Employment Related Activity’ Definition of ‘13 Week Period’ Definition of ‘26 Week Period’ Clause 79.1 Clause 79.3 JRRR is used if the job seeker has Full-Time participation requirements. The reduction achieved in the job seeker’s basic rate of Income Support Payments is recorded within each Centrelink payment fortnight. JEHR is used if the job seeker has Part-Time or no participation requirements and records the hours declared per fortnight. Note: A Provider may use the original Outcome Start Date or alter, i.e. ‘move,’ the Outcome Start Date forward by up to 27 days in ESS (this new date is the Moved Outcome Start Date). A Moved Outcome Start Date moves the last day of the 13 Week Period for the Job Seeker Outcome forward by the same number of days. If a Moved Outcome Start Date selected aligns with the start date of a Centrelink Payment fortnight the JRRR or JEHR may be maximised. Please refer to EAKB 2575 for the JRRR/JEHR Results glossary. Job Seeker Outcome Fees lodged from 1 July 2014 For Job Seeker Outcomes that have an Outcome Start Date on or after Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 16 Effective Date: 11 September 2014 From 1 July 2014, Documentary Evidence will not be required where the JRRR or JEHR result supports an auto claim for an Employment related Job Seeker Outcome. Providers must ensure they observe the provisions relating to Clause 79.4 (d) and only claim Job Seeker Outcomes in appropriate circumstances. Note: Providers must ensure they retain the required Documentary Evidence for both Automated and Manual Special claims and where the 13 Week Period and/or 26 Week Period contains an Upgrade, Bonus or Permissible Break. 1 April 2014 and the JRRR/JEHR returns a successful result, providers will no longer be required to obtain supporting Documentary Evidence to claim the Job Seeker Outcome. This only applies to Job Seeker Outcome claims lodged automatically through the ESS. If Centrelink cancels a job seeker’s allowance during a Job Seeker Outcome Period for reasons that the Department deems as not related to Employment, for example an ‘unapproved overseas absence’ or ‘Departure Overseas Permanently’, ESS will prevent users from lodging Employment related Job Seeker Outcome auto claims. When the claim is blocked from automatic lodgement and subsequently can be supported by Documentary Evidence of the job seekers engagement in employment, the JSA provider may lodge a Manual Special Claim (MSC) as per normal Streamlined Handling Protocols and provide all relevant information in the MSC lodgement. 21. Provider Monitoring job seeker earnings and notifying Centrelink that a job seeker is not declaring or under declaring income and/or hours worked from Employment Employment Services Deed 2012-2015 Clause References: Subclause 16.6 Subclause 16.7 The Department continuously monitors the lodgement of Job Seeker Outcome auto claims based on JRRR/JEHR information alone. When a Provider becomes aware that a job seeker is not declaring or under declaring hours or earnings to Centrelink, the Provider must enter the relevant hours and earnings in the ‘Rate Reduction and Earnings, Documentary Evidence Details’ tab in ESS within five Business Days. A Provider must nominate the verification method and this information will be sent to Centrelink through ESS. A Provider must complete a notification to Centrelink when submitting an Automated Special Claim or Manual Special Claim with a JRRR or JEHR discrepancy. Note: The Documentary Evidence Details tab is only available if a Provider is tracking towards a Job Seeker Outcome in ESS. In all other instances of a Provider becoming aware of a job seekers change in circumstances a Provider must report this through the Centrelink Reporting Fraud form (available on the Department of Human Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 17 Effective Date: 11 September 2014 The Provider must retain evidence of the earnings and hours worked for the period of time (weeks/fortnights/13 Week Period/26 Week Period) of the job seeker not or under declaring to Centrelink. The evidence must include one of the following forms of evidence and matched to the ‘Documentary Evidence Details’ screen in ESS as the verification method: o copy of payslips, o letter from the Employer as required for confirming information for a Job Seeker Outcome Fee, o written statement or email from the job seeker, o group certificate, o copy of wages book, o tax return, or o Employer contact. 22. Provider Stand-alone JRRR/JEHR calculators Employment Services Deed 2012-2015 Clause References: Definition of ‘Outcome Start Date’ Definition of ‘Moved Outcome Start Date’ Definition of ‘Employment Related Activity’ 23. Provider Upgrade in Employment Related Activity Employment Services Deed 2012-2015 Clause References: Definition of ‘Upgrade’ Definition of ‘Outcome Start Date’ Definition of ‘Effective Exit’ Definition of ‘Employment Related Activity’ Definition of ‘Recurring’ Definition of ‘Direct Assistance’ Services website) or by calling the Australian Government Services Fraud Tip-off Line on 131 524. The Stand-alone calculator tools can be used separately to the Reduction Results and Discrepancy tabs in ESS at any time or attached to a Manual Special Claim to assist with the verification of rate or hours based claims before submitting for payment. Please refer to: EAKB 3452 - how to use the calculators; EAKB 3837 – How to link the calculation to claims. An Upgrade as the result of the Direct Assistance provided by a Provider to the employer and/or job seeker must be: tangible, identifiable and documented; specifically intended to result in an increase in hours or earnings where the previous hours or earnings of the existing Employment were insufficient to achieve a Full Outcome; and directly responsible for the permanent increase in hours or earnings in the Employment Related Activity to meet Full Outcome requirements (hours or earnings increase must be directly attributable to the assistance provided). A signed and dated written statement or email from the Employer or job seeker; OR a copy of a certificate of training/licences received by the job seeker (including the job seeker’s name and the date of attainment) and paid for by the Provider; OR a copy of other documents which provide evidence of expenditure by the Provider where Direct Assistance has been provided can be used to meet Upgrade Documentary Evidence requirements provided that collectively, the written evidence confirms: o a summary of the Direct Assistance provided by the Provider to the job seeker and/or the Employer, AND o an explanation of how the Direct Assistance was A Provider is not eligible and must not enter an Upgrade where a job directly responsible for the Upgrade in Employment seeker has: to a Full Outcome, AND negotiated their own increase in hours or earnings; or o date the Direct Assistance was provided, and received ‘Coaching’ to request more hours or earnings. o evidence of the job seeker’s hours/earnings prior to the Upgrade, AND A Provider must not claim a Job Seeker Placement Fee for an o the name(s), position and contact details of any Upgrade. contacts (including Employer staff members and/or Registered Training Organisation staff members) A Provider must ensure that: made as part of the provision of Direct Assistance, the Upgrade has been recorded in ESS within 28 days of the actual AND Upgrade occurring; and Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 18 Effective Date: 11 September 2014 the Upgrade start date entered must be the date when the Upgrade actually occurred. This date will become the Outcome Start Date for the new 13 Week Period Full Outcome claim. o the name of the Provider’s staff member recording this information at the time in which it was obtained. New Vacancy Pre-Existing Employment A Provider must create a new Vacancy in ESS and: include ‘Upgraded Pre-Existing Employment’ in the Vacancy description; Enter the referral and Placement Confirmed dates as the system date; Check the Upgrade box; and Enter the date of the Commencement of the Upgrade in the Upgrade Date field incorporating any backdating, up to 28 days. 24. Provider Job seeker Commences Qualifying Education Course Employment Services Deed 2012-2015 Clause Reference: Definition of ‘Qualifying Education Course’ Definition of ‘Semester’ Definition of ‘Pathway Outcome’ Definition of ‘Full Outcome’ Existing Vacancy A Provider must update the original Vacancy in ESS and: Check the Upgrade box; and Enter the date of the Commencement of the Upgrade in the Upgrade Date field incorporating any backdating, up to 28 days. A Provider must enter the course within 28 calendar days of Commencement in the ‘Add Education and Placement’ screen in ESS including the following: full name of the course and the course number; certificate/degree level; start and end dates of both Semester one and two; Austudy, Abstudy, or Youth Allowance approved; weekly hours of class contact (minimum 15) or full-time Study as defined by the training organisation; if the job seeker is attending full-time or part-time; the details of the training institution and the name of the contact person; and if the training placement is arranged by the Provider or arranged by the job seeker. Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 19 Effective Date: 11 September 2014 A certificate of attainment/academic transcript issued by the Registered Training Organisation confirming successful completion of the Semester, AND a dated written statement or email from the Provider or training institution confirming: o whether the course was full-time Study or part-time study as defined by the training institution, AND o the Semester start and end dates, AND o the length of the course, AND o the name of the Provider’s staff member recording this information at the time in which it was obtained. OR A signed and dated written statement or email from the training institution or job seeker confirming: o the class contact hours attended each week, AND A Provider must record the successful completion of the Semester on the Activity Placement screen in ESS before lodging a payment. o o o o 25. Provider Combined part-time Employment and part-time Education Job Seeker Outcome Fee Employment Services Deed 2012-2015 Clause Reference: There is no minimum or maximum certificate or qualification level to meet the requirement of a Qualifying Education Course (QEC). Each Semester must be between 13 and 26 weeks in duration and the job seeker must complete the Semester. Course attendance must be assessed as satisfactory by the Registered Training Organisation however; there is no requirement for the job seeker to pass the course. Secondary/high school education may meet QEC definition and claimed if the requirements are met. ‘Australian Government Skills for Education and Employment (SEE) Program’ and ‘Adult Migrant English Program (AMEP)’ do not meet QEC requirements. Full-Time Study of more than 12 months duration or any study at the Masters or Doctorate level should not be approved for job seeker’s receiving Income Support such as Newstart Allowance or Youth Allowance (Other). Job seekers should discuss their eligibility with Centrelink as the course may not be an approved activity for a particular allowance. A Provider cannot claim multiple 13 Week Period Education (QEC) Outcome Fees when a 13 Week claim for the same education or training course has been previously claimed for the job seeker in the same unemployment period. The part-time Education placement must start prior to their Employment Related Activity. The Employment Related Activity placement date must be within 28 calendar days of the first Semester start date for the Education placement. The Job Seeker Outcome will be attached to the Semester start date in ESS and the Job Seeker Outcome cannot be claimed until the end of the Semester. Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 20 Effective Date: 11 September 2014 whether the course was full-time Study or part- time study as defined by the training institution, AND the Semester start and end dates, AND the length of the course, AND the name of the Provider’s staff member recording this information at the time in which it was obtained. Note: It is not a requirement that a job seeker successfully passes the course and achieves a certificate of attainment. However, a copy of the certificate of attainment would meet all the requirements. Refer to Sections 21 and 43 for Employment Related Activity requirements and Section 24 for Qualifying Education Course requirements. Definition of ‘Qualifying Education Course’ Definition of ‘Semester’ Definition of ‘Job Seeker Outcome’ 26. Provider Bonus Employment Services Deed 2012-2015 Clause References: Definition of ‘Bonus’ Definition of ‘Skills in Demand Occupation’ Definition of ‘Directly Related Employment’ 27. Provider Skills in Demand Occupation Bonus Employment Services Deed 2012-2015 Clause References: Definition of ‘Bonus’ Definition of ‘Skills in Demand Occupation’ 28. Provider Directly Related Employment Bonus Employment Services Deed 2012-2015 A Provider must record the successful completion of the Semester on the Activity Placement Screen in ESS prior to lodging a claim. A Provider may be eligible for a Bonus in addition to a Full or Pathway Outcome for either: an apprenticeship or traineeship in a Skills In Demand Occupation, or paid Employment Related Activity which is Directly Related Employment. Only one Bonus can be claimed in a 13 Week Period and 26 Week Period. Eligibility To be eligible for a Skills In Demand Occupation Bonus, a job seeker must be employed in an apprenticeship or traineeship in an occupation that is identified as being in shortage (not recruitment difficulty) on the Skill Shortage List (Australia) at Outcome Start Date. The Skill Shortage List (Australia) is available on the Department of Employment website and is updated from time to time. Claiming When an eligible apprenticeship or traineeship Vacancy is created in ESS the Skills In Demand flag is activated to allow a Bonus claim to be automatically displayed in the Outcome Snapshot screen, in addition to the Job Seeker Outcome claim. The claim can be processed in the normal claiming method. Eligibility To be eligible for a Directly Related Employment Bonus, the occupation must be directly related to the core field of study of the Qualifying Training Course (QTC). Generic modules within a QTC, such as general hygiene or safety modules, will not be considered for a Directly Related Employment Bonus. Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 21 Effective Date: 11 September 2014 A copy of the certificate of attainment/academic transcript issued by the Registered Training Organisation must confirm: o Full name of the Registered Training Organisation, AND o Level of the relevant Qualifying Training Course Clause Reference: Definition of ‘Bonus’ Definition of ‘Qualifying Training Course’ Definition of ‘Directly Related Employment’ Examples of Directly Related Employment for which a Bonus is payable include (but are not limited to): Certificate III in Business Administration led to a position as a Secretary, or Certificate IV in Beauty Services resulted in a position as a Nail Technician. The job seeker must have: Commenced the QTC before the Outcome Start Date of the Employment Related Activity; and Successfully completed and attained the qualification before the end date of the 13 Week Period or 26 Week Period, whichever applies to the Job Seeker Outcome. The job seeker must not have: Completed the QTC more than 12 months prior to the Outcome Start Date of the Employment Related Activity. 29. Provider Permissible Break Claiming A Provider must enter all the relevant QTC details in the Activity Placements screen in ESS prior to the entry of the Commencement date of Employment Related Activity in the Vacancy screen and submitting a Directly Related Employment Bonus. When a job seeker is placed in the Directly Related Employment, ESS will perform a check to determine if the job seeker has commenced or completed a QTC within the required time frames. If the system detects an eligible QTC, a potential Directly Related Employment Bonus will be created on the ‘Job Seeker Payments, Outcomes’ tab in ESS. Job Seeker Outcome Fees with a Directly Related Employment Bonus are processed in the normal Job Seeker Outcome claim method. A Full Outcome inclusive of a Permissible Break sanctions for a break or breaks of up to a maximum of four weeks (28 calendar days) in total in a job seeker’s Employment Related Activity. A Permissible Break may occur in either or both the 13 Week Period or 26 Week Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 22 Effective Date: 11 September 2014 o o o qualification (at least a Certificate II level), AND Confirmation that the job seeker successfully completed the qualification, AND Modules/units completed and the date(s) of completion, AND Name of the Provider’s staff member recording this information at the time in which it was obtained. OR A signed and dated written statement or email from the Registered Training Organisation including the name of the Registered Training Organisation staff member signing must confirm: o Full name of the Registered Training Organisation, AND o Level of the relevant Qualifying Training Course qualification (at least a Certificate II level), AND o Confirmation that the job seeker successfully completed the qualification, AND o Modules/units completed and the date(s) of completion, AND o Name of the Provider’s staff member recording this information at the time in which it was obtained. In addition to Job Seeker Outcome Documentary Evidence requirements for Automated Special Claims and Manual Special Claims, a signed and dated written statement or email from the Employer or job seeker must Employment Services Deed 2012-2015 Clause Reference: Clause 79 Definition of ‘Permissible Break’ Period, making a total maximum of eight weeks for the combined 13 Week Period and 26 Week Period. confirm the: o Name of the Employer organisation, AND o Employer’s or job seeker’s confirmation of the Multiple breaks may be accepted as long as the total period of the Permissible Break in Employment including the breaks does not exceed four (4) weeks in either the 13 Week Period or reason for the Permissible Break,* AND the 26 Week Period. o Duration of the Permissible Break, including the start and end date, AND Eligible Principal Carer parents are entitled to an additional o That the Job seeker is employed in the same position Permissible Break of up to a maximum of eight weeks over the following the Permissible Break, AND Christmas period for an employer initiated shutdown, providing the o Name and contact details of the Employer’s staff job seeker will resume their Employment Related Activity in the new member confirming the information (if applicable), year. The Principal Carer parent is still permitted to utilise the usual AND Permissible Breaks in addition to the employer initiated Christmas o Name of the Provider’s staff member recording this shutdown period. information at the time in which it was obtained. Permissible Break requirements: the break in the job seeker’s continuous attendance in an Employment Related Activity which, if completed, satisfies the requirements for a Full Job Seeker Outcome; and The break is outside of the control of the Provider or the job seeker; and after the break, the job seeker returns to the same Employment Related Activity with the same Employer; and the actual length of the 13 Week Period and/or the 26 Week Period must be extended to identify the Permissible Break period; and/or the Permissible Break reason is acceptable to the Department of Employment. Examples of Permissible Breaks that are considered to be outside a job seeker’s control include: Christmas breaks and shutdowns; breaks due to illness or major personal crisis, e.g. bereavement in the family; child care or carer emergencies; Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 23 Effective Date: 11 September 2014 *If the Permissible Break is in relation to a job seeker’s illness, the job seeker should provide a copy of their medical certificate or evidence of receipt of sickness pay to the JSA provider only if they are required to provide this level of documentation in accordance with the Employer’s leave entitlement policy or relevant industrial instrument. In other instances, a signed and dated written statement or email is acceptable. declared natural disasters, e.g. a state of emergency due to natural disasters or a major disaster (as declared by Minister of Social Services); rain or weather interrupting harvest in the case of seasonal Employment Related Activity; Indigenous culturally significant events, e.g. death of a family or community member and ceremonial activities; significant industrial accident affecting the business, e.g. gas disaster and fire; and an employer initiated shutdown of up to eight weeks over the Christmas period for eligible Principal Carer parents. Examples of breaks that are not considered to be Permissible Breaks include: if work simply runs out, e.g. due to a business downturn; breaks between different jobs; job seeker leaving a job voluntarily; unapproved leave as well as unpaid recreational leave. If the Permissible Break/s exceeds four weeks during the 13 Week Period, the Provider must record a new Outcome Start Date when the job seeker resumes the Employment Related Activity as long as the Provider has not already received a 13 Week Job Seeker Outcome Fee for the job seeker in the same Period of Unemployment. If the Permissible Break (or the total period of multiple breaks) exceeds four weeks during the 26 Week Period the Provider cannot record a new Outcome Start Date and cannot claim a Job Seeker Outcome. Permissible Break policy does not apply to periods of leave taken under a worker’s compensation scheme. If a job seeker is in an Employment Related Activity and receives a period of leave under a worker’s compensation scheme (approved under the relevant State or Territory legislation) during a 13 Week Period or 26 Week Period, a Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 24 Effective Date: 11 September 2014 Provider may be eligible to claim a Job Seeker Outcome providing all other Job Seeker Outcome requirements are also met. The job seeker must remain in the same Employment Related Activity throughout and after the compensation period. Permissible Breaks of up to four weeks may apply in either or both the 13 Week Period and the 26 Week Period for job seekers found guilty at trial and sentenced to serve a custodial order, or remanded in custody and: released on bail and awaiting trial; found not guilty at trial and released; or found guilty at trial and sentenced to serve a non-custodial community based order. 30. Provider 85 per cent rate reduction and Permissible Breaks Employment Services Deed 2012-2015 Clause Reference: Clause 79 Definition of ‘Permissible Break’ Definition of ‘Full Outcome’ Job Seeker Outcome Fee claims inclusive of a Permissible Break can be submitted in the normal claiming process. However, the Principal Carer Parents 8 Week Employer Initiated Permissible Break must be submitted through ESS ‘Overrides and Special Claims’ selecting the ‘PCP 8 Week Permissible Break’ claim reason. A job seeker with Full-Time participation requirements may be able to have a maximum of two fortnights of reduced earnings during the 13 Week Period and/or the 26 Week Period and still achieve a Full Outcome. This arrangement recognises that job seekers who are returning to work may have a short term of irregular working hours during the first six months of their Employment Related Activity. ESS displays this policy arrangement through the JRRR tool and JRRR stand-alone calculator in the Rate Reduction and Earnings screen. A Full Outcome may be achieved through the JRRR result if a minimum of an 85 per cent rate reduction over a maximum of two fortnights and a 100 per cent reduction for all other fortnights are combined in either the 13 Week Period or the 26 Week Period to determine an average allowed rate reduction value. Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 25 Effective Date: 11 September 2014 31. Provider Rostered shift patterns or duty rosters Employment Services Deed 2012-2015 Clause Reference: Clause 8 Definition of ‘Full Outcome’ Definition of ‘Pathway Outcome’ Definition of ‘Non-Payable Outcome’ Where a combination of periods with reduced earnings and Permissible Breaks occurs in either a 13 Week Period or a 26 Week Period of Employment, the total of these periods must not exceed four weeks. A Provider may be eligible to claim a Job Seeker Outcome Fee if a job seeker has commenced in an Employment Related Activity with rostered shift patterns or duty rosters where the job is sustainable and on‐going. This would include mining jobs in remote locations where employees work four weeks on and one week off, and may also be fly‐in, fly‐out arrangements. Similar work arrangements may also apply to other jobs, such as those in the fishing industry. The weeks rostered ‘off duty’ during the 13 Week Period and 26 Week Period would not be considered a break in Employment in these circumstances, and the employee‐employer relationship must be maintained throughout. The number of hours worked should be averaged per week over the 13 Week Period and 26 Week Period. The average must meet the minimum number of hours per week required for a Full Outcome. 32. Provider Government Funded Programs Employment Services Deed 2012-2015 Clause Reference: Definition of ‘Non-Payable Outcome (a)’ Definition of ‘Non-Payable Outcome (n)’ Definition of ‘Pathway Outcome (f)’ This interpretation must not be applied to regular on‐call or casual work – the Employment conditions (e.g. award, or employment contract) must identify that the working arrangement is structured as shift work which includes being rostered on and rostered off. Job Seeker Outcome Fees are not payable for placement/employment in programs funded by the Commonwealth or by a State or Territory government, in accordance with Non-Payable Outcome (n) in Annexure E of the Deed. However, as an incentive for Providers to engage in partnerships with these programs, Job Seeker Outcome Fees may be claimed in some circumstances. Programs will be assessed on a case-by-case basis and Providers will be advised of eligible programs from time to time. Job Seeker Placement Fees are not payable for programs funded by Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 26 Effective Date: 11 September 2014 Definition of ‘Full Outcome (h) 33. Provider Same or similar services Employment Services Deed 2012-2015 Clause Reference: Clause 21.3 Clause 22.2 34. Provider the Commonwealth or State or Territory Governments. Job seekers who are placed into unpaid work experience activities funded by Commonwealth, State or Territory programs are not employed do not meet the requirements for a Job Seeker Outcome. Providers are not entitled to claim Job Seeker Outcome Fees if they have claimed or are entitled to claim any payment for ‘same or similar’ services as those provided under the Deed, other Commonwealth sources or state, territory or local government bodies. For example, if a JSA provider is also a Disability Employment Services (DES) provider, and the Provider provides ‘same or similar’ services to a job seeker, the Provider is not entitled to claim a JSA Job Seeker Outcome Fee where they are also claiming a DES Outcome Fee in respect to the same job seeker. Payments will not be available for the delivery of IEP Services where the JSA provider and IEP Panel Member are the same legal entity. Specifically, the IEP Employment Panel Member will not receive payment for any IEP Services delivered to job seekers who are registered with them for JSA Services. A Provider is not entitled to claim a Job Seeker Outcome Fee for Recurring Employment, Non-Payable Outcome (p). Recurring Employment Employment Services Deed 2012-2015 Clause Reference: Definition of ‘Recurring’ Definition of ‘Employment Related Activity’ Definition of ‘Non-Payable Outcome’ 35. Provider When a job seeker is placed with a labour hire organisation, the labour hire organisation becomes the Employer. The labour hire organisation may place the job seeker in positions with numerous Host Organisations. When a job seeker is placed in positions with a number of Host Organisations by the same labour hire organisation/Employer, the Provider is not eligible to claim multiple 13 Week Period and/or 26 Week Period Job Seeker Outcomes for an Employment Related Activity as this is deemed to be Recurring Employment. A Provider may be eligible to claim Job Seeker Placement and Job Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 27 Effective Date: 11 September 2014 Suspension period Employment Services Deed 2012-2015 Clause Reference: Clause 45 Clause 46 Definition of ‘Suspension’ Definition of ‘Eligible Placement Participant’ Definition of ‘Fully Eligible Participant’ 36. Provider Principal Carer parents Employment Services Deed 2012-2015 Clause Reference: Definition of ‘Full Outcome’ Definition of ’13 Week Period’ Definition of ’26 Week Period’ Seeker Outcome Fees for job seekers who have been Commenced in Stream Services and who are subsequently Suspended in Stream Services, for any reason, where all Deed requirements are met. A job seeker who has been Suspended is under no obligation to participate in Stream Services during this period and does not have to Volunteer for Stream Services for the Provider to be eligible to claim a Job Seeker Outcome Fee. However, a job seeker may volunteer for services at any time during the Suspension period and volunteering would end the Suspension period for the job seeker. A Provider can enter all the required details in ESS when the Outcome Start Date occurs during a Suspension. Unforeseen circumstances If a Principal Carer parent job seeker loses their Principal Carer status due to unforeseen circumstances, such as the death of a child or loss of custody, during a 13 or 26 Week Outcome Period, a Provider is still eligible for both the 13 and 26 Week Period Outcome payments, irrespective of the job seeker’s change of circumstances, provided that the job seeker is still meeting the requirements for the Job Seeker Outcome they had at the time of the Outcome Start Date. Child turning 16 during 13 Week Period If a Principal Carer parent loses their Principal Carer status due to their youngest child turning 16 during the 13 Week Period, a Provider may still claim the 13 Week Outcome. A Provider is not eligible to claim a 26 Week Outcome based on their Principal Carer eligibility. Child turning 16 during 26 Week Period If a Principal Carer parent loses their Principal Carer status due to their youngest child turning 16 during the 26 Week Period, a Provider may still claim the 26 Week Outcome, provided that the job seeker is still meeting the requirements for the Job Seeker Outcome they had at the start of the 26 Week Period. Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 28 Effective Date: 11 September 2014 37. Provider Partial Capacity to Work (PCW) Employment Services Deed 2012-2015 Clause Reference: Definition of ‘Non-Payable Placement’ Definition of ‘Pathway Outcome’ Definition of ‘Full Outcome’ A job seeker with a Partial Capacity to Work (PCW) must not be referred to a job which is contrary to the conditions of the job seeker's Employment Services Assessment (ESAt) or Job Capacity Assessment (JCA). Where a job seeker does volunteer to work additional hours or finds their own Employment, the Provider should note this in their Records of job seeker servicing. If a job seeker volunteers to work more hours than their assessed capacity, and the type of work is appropriate to the job seeker's ESAt/JCA and PCW, a Provider may be eligible to claim a Job Seeker Outcome where all requirements have been met. Changes in job seeker circumstances Eligibility for a Job Seeker Outcome is assessed on the job seeker circumstances at Outcome Start Date. A second ESS check is made at the start of the 26 Week Period to identify any changes in a job seeker’s circumstances that have occurred since the Outcome Start Date. This includes the commencement or completion of a PCW which may have occurred during the first 13 Week Period and are recorded on the ‘Outcome Snapshot’ screen. 38. Provider Work Trial Employment Services Deed 2012-2015 Clause References: Clause 78.5 Clause 79 Definition of ‘Eligible Placement For a job seeker with a PCW and a Part-Time participation requirement (e.g. Principal Carer parent), a Job Seeker Outcome is paid based on the lesser requirement which applies at the Outcome Start Date and at the start date of a 26 Week Period. Work Trial Vacancies and Assignments must be coded as ‘Temp < 6 mths’ in ESS to ensure the job seeker’s income support is not cancelled by Centrelink and the job seeker’s Record in ESS is not inactivated. When there is ongoing employment after a Work Trial with the same Employer, a new Vacancy or Assignment must be created and coded as ‘Perm 6 mths +’. Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 29 Effective Date: 11 September 2014 Participant’ Definition of ‘Vacancy’ Definition of ‘Assignment’ Definition of ‘Non-Payable Placement’ Definition of ‘Non-Payable Outcome’ Work Trial Subsidised by Provider Work Trial subsidised by a Provider and claimed as an EPF Reimbursement is Non-Payable Placement (q) and Non-Payable Outcome (o) of the Deed; If the job seeker finishes the subsidised Work Trial and commences ongoing Employment with the Employer, the Provider must create a new Vacancy or Assignment. The Outcome Start Date will be the first day of ongoing Employment. A Provider may be eligible for a Job Seeker Placement Fee and a Job Seeker Outcome Fee. Work Trial Funded by Employer Work Trial wages firstly paid by the Employer and then the Employment continues after the work trial period, the first day of the Work Trial will become the Outcome Start Date. A Provider may be eligible for a Job Seeker Placement Fee and a Job Seeker Outcome Fee. 39. Provider New Enterprise Incentive Scheme (NEIS) Employment Services Deed 2012-2015 Clause References: Clause 72 Clause 79 Definition of ‘NEIS Assistance’ Definition of ‘NEIS Business’ Volunteer Work, Work Experience or Unpaid Work Voluntary, work experience or unpaid work are Non-Payable Placement (c ) and Non-Payable Outcome (d), (e) and (f); Voluntary, work experience or unpaid work that leads to paid employment may be eligible for a Job Seeker Placement and Job Seeker Outcome Fee. The Outcome Start Date will be the day when paid employment commenced. A Provider may refer a job seeker to a New Enterprise Incentive Scheme (NEIS) provider through ESS for an initial interview. The NEIS provider will assess their eligibility and NEIS Business Idea against NEIS Business Eligibility Criteria. Note: If the job seeker’s business Idea does not meet NEIS Business Eligibility Criteria, or NEIS is not an appropriate activity for the job seeker, the NEIS provider will then refer the job seeker back to their JSA provider. If the job seeker is accepted by the NEIS provider they will refer the Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 30 Effective Date: 11 September 2014 A signed and dated written statement or email from the NEIS Panel Member must confirm the: o Name of the NEIS Panel Member, AND o Date of the contact and name of the NEIS Panel Member’s staff member providing the information, AND o Name of the NEIS Participant, AND o Date the NEIS Participant commenced receiving NEIS Assistance, AND o Confirmation the NEIS Participant has been receiving Definition of ‘NEIS Business Eligibility Criteria’ Definition of ‘NEIS Business Plan’ Definition of ‘NEIS Panel Member’ Definition of ‘NEIS Participant Agreement’ Definition of ‘NEIS Training’ Definition of ‘New Enterprise Incentive Scheme’ Definition of ‘Pathway Outcome’ Definition of ‘Non-Payable Placement’ job seeker to NEIS training for a period of up to 13 weeks. This allows for the job seeker to prepare for the start of their business including finalising their business plan and any training required. o If a job seeker transfers to a different Provider before Commencing in NEIS, a new referral to the NEIS Provider will be required in ESS. Recording a NEIS placement in ESS Job seekers undertaking NEIS Training remain on their JSA provider’s caseload. The JSA provider must record the training in ESS in the: job seeker’s Employment Pathway Plan (EPP); and Activity Details screen of ‘Referral to NEIS panel member’. The entry of the training details will identify a potential Directly Related Employment Bonus in ESS. The job seekers EPP should be updated once the NEIS Business Plan has been approved indicating that NEIS Assistance will be undertaken. The Department of Employment will approve the NEIS Participant Agreement in ESS and the day the job seeker Commences receiving NEIS Assistance will become the Outcome Start Date. The start date cannot be moved and the job seeker will be automatically effectively exited in ESS. Claiming a Pathway Outcome After the JSA provider has confirmed the job seeker received continuous NEIS assistance for the 13 Week Period or 26 Week Period, obtained all supporting Documentary Evidence, the JSA provider may submit a Pathway Outcome claim. Directly Related Employment Bonus from NEIS training If the preceding NEIS training met Qualifying Training Course requirements, a Directly Related Employment Bonus will be available to claim for the 13 and 26 Week Periods. Note: A JSA provider is not eligible for a Job Seeker Placement Fee Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 31 Effective Date: 11 September 2014 NEIS Assistance and running their NEIS Business continuously for the 13 Week Period or 26 Week Period, AND Name of the Provider’s staff member recording this information at the time in which it was obtained. Directly Related Employment Bonus Documentary Evidence requirements at Section 29 must also be met to claim a Bonus. 40. Provider when the job seeker Commences to operate their NEIS Business. The Access Program will cease on 30 June 2015. Access Program Employment Services Deed 2012-2015 Clause References: Clause 79.10 Clause 79.11 Definition of ‘Access Program Definition of ‘Access Program Broker Fee’ Definition of ‘Access Program Incentive Fee’ 41. Provider Participants commenced will not be affected by the programme closure and will continue to be serviced by their Access Program Broker until they complete the programme. A Provider must add the Access Program placement in the Activity screen as ‘Expected to Start’. Please refer to the Job Seeker Placement and Job Seeker Outcome Fees supporting document available on the Provider Portal for further details on the requirements for claiming an Access Program Incentive Fee, Job Seeker Outcome and Bonus Fee. A job seeker can be referred to the Skills for Education and Employment (SEE) Program by their Provider. Early School Leavers Skills for Education and Employment (SEE) Program A Provider must add the SEE Program placement in the Activity screen as ‘Expected to Start’. Employment Services Deed 2012-2015 Clause Reference: Clause 79.12 ‘Transition Support for Early School Leavers Skills for Education and Employment Program Outcome’ Pathway Outcome requirements are provided in the Deed. Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 32 Effective Date: 11 September 2014 13 Week Period The Provider must obtain a copy of the Employment Continuation Advice Form. Note: The Access Broker or their subcontracted Access Program Provider can provide the Employment Continuation Advice Form to the Provider after the 13 week mark, upon request. 26 Week Period The Provider must obtain written confirmation that the job seeker has remained in their apprenticeship or traineeship at the 26 Week Period by obtaining the: o Employer’s contact details from the Broker or Access Program Provider, AND o Dated written evidence or an email directly from the Employer that the participant worked in their apprenticeship or traineeship and satisfied the requirements of a Job Seeker Outcome for the 26 Week Period. Access Program Incentive Fee The Provider must obtain dated written evidence of the Commencement in an Australian Apprenticeship as a result of Access Program participation. A signed and dated written statement or email from the first or second referral to Australian Government (SEE) program provider confirming: o that the participant has successfully completed a 200 hour block of SEE program training, which satisfies the requirements of a Transition Support for ESL SEE program Outcome, AND o the start date and completion date for the block of 200 hours of SEE program training, AND Definition of ‘Transition Support for Early School Leavers Skills for Education and Employment Program Outcome’ Definition of ‘Pathway Outcome’ 42. Department of Employment The day after the 13 Week Period concludes the 26 Week Period commences Employment Services Deed 2012-2015 Clause Reference: Definition of ’13 Week Period’ Definition of ’26 Week Period’ Definition of ‘Outcome Start Date’ Definition of ‘Moved Outcome Start Date’ 43. Provider o o the details of the SEE program provider staff member confirming their contact details, AND the Provider’s staff member recording this information at the time in which it was obtained; OR A signed and dated written statement or email from the first or second referral to Australian Government (SEE) program provider confirming: o that the participants has successfully achieved an additional level of competence in at least two Australian Core Skills Framework Indicators of SEE program training, AND o the start date and completion date of the Australian Core Skills Framework Indicators, AND o the details of the SEE program provider staff member confirming their contact details, AND o the Provider’s staff member recording this information at the time in which it was obtained. The start date of the 26 Week Period is the day immediately following the end date of the 13 Week Period and this date cannot be ‘moved’. A Moved Outcome Start Date is not available for the 26 Week Period. ESS automatically records the job seeker’s details on this day for use in determining eligibility for a 26 Week Period, Job Seeker Outcome. Special Claims are exceptions to the normal ESS (automatic) business processing rules, and allow for claims for payment to be made when a Provider has a discrepancy with the result and supporting Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 33 Effective Date: 11 September 2014 Payslips, payroll details, timesheets OR a template OR signed and dated written statement OR email can be used for the Employer or job seeker to confirm Documentary Evidence. Submitting an Automated Special Claim or Manual Special Claim A Provider can submit an Automated Special claim (ASC) or a Manual Special Claim (MSC). Automated Special Claims ASCs are available for Employment based Job Seeker Outcome claims when: JRRR/JEHR is a discrepancy; or JRRR/JEHR result is ‘failed’, ‘incomplete’ or ‘no result’; or Job seeker has a Permissible Break during a Full Outcome claim. ASCs cannot be lodged outside the 56 day claim period, education based claims or claims involving a transfer to a different Provider. Manual Special Claims MSCs may be required for system limitations including, Access Program Incentive Fees, Access Program Job Seeker Outcome and Bonus Fees, Combined Part-Time Employment and Part-Time Education Outcomes, Job Seeker transfer to another Provider Job Seeker Outcome claim, Pathway Outcome for a NEIS participant, FullTime apprenticeship Full Outcome claim. A MSC for a Job Seeker Outcome Fee can be submitted on or after the Outcome available date however, claims received after 56 day claim timeframe must be supported by extenuating or Exceptional Circumstances for submitting Out Of Time. The ESS Claim Snapshot ID should be selected and sufficient supporting comments must be included when submitting a MSC. Please refer to EAKB 3836 – ‘Why a Provider needs to link a snapshot and calculation to a Manual Special Claim’ for further information of the particular request types where is it a requirement to link the calculation result with the claim. Please refer to the Job Seeker Placement and Job Seeker Outcome Fees supporting document available on the Provider Portal for further details on claiming an Automated Special Claim. Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 34 Effective Date: 11 September 2014 o o o Name of the Employer, AND Period of Employment, AND Name of the person who confirmed the Employment details (that is either the job seeker or person within the Employer organisation), the date the information was confirmed and their contact details, AND o Name of the Provider’s staff member recording this information at the time in which it was obtained, AND o Evidence to confirm that the Employment is being paid at a level that satisfies the relevant modern award rate of pay or the National Minimum Wage applicable at that time, AND o Job seeker’s gross income earned for each week/fortnight and hourly rate of payment or hours worked each week/fortnight for the 13 Week Period or 26 Week Period for income (JRRR) based Job Seeker Outcomes, OR o Job Seeker’s hours of paid Employment worked each week/fortnight and the hourly rate of payment each week of the 13 Week Period or 26 Week Period for hours (JEHR) based Job Seeker Outcomes. More than one form of written evidence may be used provided that collectively, the written evidence contains all of the above information. Please refer to the Documentary Evidence for Claims for Payment Guidelines for self-employment or apprenticeship/traineeship requirements. 44. Provider Payment is transferred to Provider A Provider must submit a Tax Invoice for the Job Seeker Outcome Fee to the Department of Employment within 56 days of the payment being available at the end of the 13 Week Period and the 26 Week Period. Payment will then be transferred to the Provider through ESS. Employment Services Deed 2012-2015 Clause Reference: Clause 79 Definition of ‘Tax Invoice’ Payslips, payroll details, timesheets OR a template OR signed and dated written statement OR email can be used for the Employer or job seeker to confirm o Name of the Employer, AND o Period of Employment, AND o Name of the person who confirmed the Employment details (that is either the job seeker or person within the Employer organisation), the date the information was confirmed and their contact details, AND o Name of the Provider’s staff member recording this information at the time in which it was obtained. More than one form of written evidence may be used provided that collectively, the written evidence contains all of the above information. Please refer to the Documentary Evidence for Claims for Payment Guidelines for self-employment or apprenticeship/traineeship requirements. Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 35 Effective Date: 11 September 2014 Claiming Job Seeker Placement Fee Documentary Evidence Guide 36 Vacancy, Job Seeker Placement and Job Seeker Outcome Guideline D14/107196 Effective Date: 11 September 2014