42When particular paid work is unsuitable

#### 42 When particular paid work is unsuitable Unsuitable work (1) Subject to subsection (2A), for the purposes of paragraph 39(2)(a), particular paid work is taken to be unsuitable for a person if, and only if, in the Employment Secretary’s opinion: (a) the person lacks the particular skills, experience or qualifications that are needed to perform the work and no training will be provided by the employer; or (b) it has been established that there is medical evidence that the person has an illness, disability or injury that would be aggravated by the conditions in which the work would be performed; or (c) performing the work in the conditions in which the work would be performed would constitute a risk to health or safety and would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety; or (d) the work would involve the person being self‑employed; or (e) the work would be covered by an industrial award but the employer would only employ the person if the person agreed to become a party to an agreement reducing or abolishing rights that the award confers on employees; or (f) the work would not be covered by an industrial award and the remuneration for the work would be lower than the minimum applicable rate of remuneration for comparable work that is covered by an industrial award; or (g) commuting between the person’s home and the place of work would be unreasonably difficult; or (h) the work would require enlistment in the Defence Force or the the Reserves; or (i) the work requires the person to move from a home in a place to a home in another place and subsection (2B) applies to the person; or (j) for any other reason, the work is unsuitable for the person. Commuting—unreasonable difficulty (2) For the purposes of paragraph (1)(g), commuting is taken not to be unreasonably difficult if: (a) both: (i) apart from this subsection, commuting would be unreasonably difficult; and (ii) the sole or principal reason for the difficulty is that the commuting involves a journey, either from the person’s home to the place of work or from the place of work to the person’s home, that does not normally exceed 90 minutes in duration; or (b) in the Employment Secretary’s opinion, a substantial number of people living in the same area as the person regularly commute to their places of work in circumstances similar to those of the person. Remuneration (3) A reference in subsection (1) to remuneration for work is a reference to any income derived from the work that is income from personal exertion. Definition (4) In this section: > income from personal exertion has the same meaning as in the Social Security Act 1991. (5) In this section: > Reserves has the same meaning as in subsection 601(7) of the Social Security Act 1991.