Last updated on 1 July 2009

 

General Conditions of Use

Specific Conditions of Use for Job Services Australia Providers

Specific Conditions of Use for Employers

Specific Conditions of Use for Job Seekers

 

General Conditions of Use

This agreement

1. Please read these Conditions of Use carefully before using Australian JobSearch (JobSearch). By using JobSearch, you agree to be bound by these Conditions of Use as amended from time to time. The Department of Education, Employment and Workplace Relations (DEEWR) may change these Conditions of Use at any time. Any change to these Conditions of Use becomes effective once it has been published on JobSearch.

2. By using JobSearch, you are making an agreement between yourself and the Commonwealth of Australia as represented by DEEWR (referred to in these Conditions of Use as ‘We’, ‘Us’, ‘Our’) in which you agree to comply with these Conditions of Use.

3. You must not provide any information for inclusion on JobSearch or in conjunction with your use of JobSearch that you know is false or misleading as stated in the Criminal Code Act 1995. If you do give false or misleading information, or if you leave out information so that information you do give is misleading, appropriate action will be taken against you.

4. Job Seekers, Employers and Job Services Australia Providers must accept and abide by these General Conditions of Use and any applicable Specific Conditions of Use for using JobSearch.

Website owner

5. JobSearch is owned, managed and maintained by DEEWR.

6. DEEWR has the right to:

• decide what information, including links to other websites, is displayed on JobSearch
• remove any information which does not meet the Conditions of Use; does not comply with relevant laws; or is in breach of a contract entered into between you and DEEWR
• gather and use feedback from users of JobSearch to help improve and develop JobSearch
• where you do not comply with these Conditions of Use, refuse future access to JobSearch as We see fit.

Purpose of JobSearch

7. JobSearch is a free website that enables Job Seekers, Employers and recruitment agencies to meet their Employment requirements.

8. JobSearch and the information available through JobSearch must not be used to lodge training courses, gather information or conduct surveys.

Compliance with laws

9. You are responsible for abiding by Commonwealth, State and Territory laws when using JobSearch and the information available through JobSearch.

10. We will immediately remove any Vacancies that we consider are not compliant with any Commonwealth, State or Territory laws.

Commonwealth copyright

11. Unless otherwise specified, the copyright in all material displayed on JobSearch is owned by the Commonwealth.

12. Unless otherwise specified, We have the exclusive right to communicate the material in the website online. No unauthorised use of Commonwealth copyright material is permitted without express prior written approval from Us.

13. JobSearch must not be used to enter into job vacancy sharing arrangements. 

Third party copyright

14. If you wish to put material on JobSearch of which you are not the copyright owner or do not hold a relevant license to do so, you must have permission of the copyright owner before using their material.

Disclaimer

15. By placing material on JobSearch, We are not providing professional advice.

16. We do not guarantee the accuracy or reliability of any of the material placed on JobSearch.

17. Material on JobSearch may include the views or recommendations of others that are not necessarily Our views.

18. You should make your own enquiries to check if material on JobSearch is accurate and reliable.

19. Links to other websites are provided for your convenience only. We do not endorse material on linked websites or their organisation, its products or services.

20. Information, including Vacancies, on JobSearch is often summarised and may not be complete or include all of the information that a particular person may require. If this is the case, Job Seekers should call or email the contact person for the Vacancy to obtain more information.

Access

21. We will use reasonable efforts to ensure that JobSearch is available for you when required.
 
22. We do not guarantee that there will not be any interruptions while you are using JobSearch.  

Security

23. We will use reasonable endeavours to provide a secure internet environment but there are still risks associated with exchanging information via the internet. You need to decide if you think websites linked from JobSearch are secure prior to accessing those websites.

24. We do not guarantee that JobSearch, or software downloaded from it, is free of computer viruses.

Indemnity

25. You indemnify (and keep indemnified) DEEWR, its officers, employees, and agents against any:

• loss, liability or expense incurred by Us
• loss or expense incurred by Us in dealing with any claim against Us, including legal costs and expenses on a solicitor/own client basis and a cost of time spent, resources used or disbursements paid by Us

arising from any claim or action as a result of any wilful, unlawful or negligent act or omission by you, your officers, Employees, agents or Sub-contractors in connection with JobSearch.

Privacy

26. Details of JobSearch privacy policy can be found on the JobSearch Privacy page.

 

Specific Conditions of Use for Job Services Australia Providers

27. In addition to the contractual obligations under the terms of the Employment Services Deed 2009-2012, and the above General Conditions of Use, Job Services Australia Providers are also bound by these Specific Conditions of Use for Job Services Australia Providers when using JobSearch.

Job Services Australia JobSearch Code of Conduct

28. You must:

• not carry out any practice or activity that could bring JobSearch into disrepute
• comply with all relevant Australian laws
• NOT use the ‘Find Staff’ function to get personal details for your own Employment agency database
• provide an Australian Business Number (ABN) where available before lodging a Vacancy
• make sure Job Seekers are offered the Employment conditions that are stated in your Vacancy.

Note: Arrangements will NOT be made for bulk downloading of resumes.

Applicability of legislation

29. You should seek your own legal advice regarding the applicability of legislation.

Monitoring of job vacancies

30. JobSearch is hosted on a computer system funded by Us. We have the right to refuse access to this service.

31. We have the right to remove Vacancies or request changes to Vacancies if we believe they do not meet these Conditions of Use.

32. Vacancies are checked by staff contracted to Us and will not be uploaded on to JobSearch if they do not meet these Conditions of Use.

33. You must not provide information that is likely to be considered false, misleading, offensive or unlawful.  If you do, this information may not be displayed and may be removed from the system.  You may be refused access to JobSearch and, if appropriate, have your details given to the appropriate authorities.

Currency of Vacancies

34. JobSearch is monitored to ensure currency of Vacancies. Vacancies that are not current will be closed or inactivated.  Vacancies that will be automatically removed without notification include:

• Vacancies placed by Job Services Australia Providers that do not have a referral result or expected-to-start date
• Vacancies lodged by Job Services Australia Providers that have a creation date of more than 30 days prior or have not been updated within a 14-day period, whichever is the later date, where a referral exists with a result of:
• placed
• not placed
• failed to report to appointment
• created in error
• Vacancies lodged by Job Services Australia Providers will be left active where a referral exists with a result of:
• no result
• expected to start
• Vacancies lodged by public Employers that have a creation date of more than 32 days; noting that these have a default to remain on display for 14 days or up to a maximum of 32 days.

Complaints about Vacancies

35. If We receive a complaint about a Vacancy you have lodged, we may remove the Vacancy from JobSearch while investigating the complaint. If we find that the Vacancy does not meet these Conditions of Use, you may be denied future access to JobSearch. Serious breaches of these Conditions of Use that also constitute a breach of the law will be referred to the appropriate authorities for further action.

36. By using JobSearch, you consent to Our monitoring. This may include recording your domain name, server, address and the pages viewed by you. Where you have requested access to a secure part of JobSearch, your User ID will be recorded. Where you send a message or submit a form, your email address will be recorded.

Specific Conditions of Use for Employers

Vacancy requirements

37. All Vacancies lodged by public Employers must go through quality assurance checks to make sure that they meet these Conditions of Use prior to being uploaded. Please note that Vacancies lodged by public Employers directly via the internet normally appear on JobSearch within two to 48 hours.

38. In order to lodge a Vacancy, you must have included in your registration: the name of the employing business, a contact name, a street address and a landline phone number We can contact you about your Vacancies. A mobile number may be supplied as an additional alternative form of contact but vacancies with mobile numbers alone will not be accepted.

Please note: the details described above will not be displayed on your Vacancy unless you include them in the job description. 

39. You must make sure that Vacancies you lodge on JobSearch:

• include a unique Vacancy for each job type
• ensure the occupation code matches the job title/description
• include a genuine, descriptive job title
• provide a clear and accurate description of the nature of the work, including details of the service or product involved
• ensure the location for the Vacancy is the same as where the job will take place
• clearly state if the Job Seeker will need to provide their own transport, either to undertake the duties of each Position or to travel to and from work
• state the hours of work, either the set number of hours the Employee will work, or minimum hours an Employee could expect to work
• if the hours cannot be specified, include ‘Casual’ in brackets after the job title
• are identified as Anticipated Vacancies for Vacancies you are expecting to have available. An anticipated start date must also be entered. This is done by selecting the Anticipated Vacancy box on the Vacancy conditions page
• are free of spelling mistakes and are grammatically correct
• are free of language that may be interpreted as discriminatory
• do NOT include a request that the Job Seeker provide a photograph of themselves with their application or at their interview. 

40. If you require a Job Seeker to have a pre-employment medical or drug/alcohol test, the requirement must be relevant to the type of work the applicant will be doing and must not breach any State or Territory anti-discrimination legislation or any other relevant laws. This requirement must also be stated in the Vacancy description (e.g.must be able to pass a full medical).

Wages information

41. Please note the following advice, which are best practice recommendations and mandatory conditions as indicated:

• Best Practice Recommendations:
• You should include some indication of the wages for each Position. Where possible, provide the name of the modern award or enterprise agreement (if applicable) and an indication of the salary range or hourly rate
• If applicable clearly identify Independent Contracting or Sub-contracting business arrangements in the Vacancy within the Description field
• Government pensions are not acceptable wages
• Do not advertise On Target Earnings (OTE), only genuine figures.
• Mandatory Conditions:
• If the wage is to be negotiated, an indication of the salary range or hourly rate must be stated
• If salary is partly or wholly commission based, the rate of commission and retainer if applicable must be stated, and a likely range of earnings
• If your Position has youth wages, you must make sure that the wage is in line with the modern award or enterprise agreement (where applicable) or the special national minimum wage for junior Employees specified in the national minimum wage order.

42. You can find further information on wages and conditions of Employment via the Workplace Infoline 1300 363 264.

43. We have the right to classify any Vacancy as unacceptable for display on JobSearch, including those that could bring JobSearch into disrepute. Some examples are:

• Vacancies that breach Commonwealth and/or State/Territory legislation (e.g. discriminatory vacancies)
• Vacancies that breach these Conditions of Use
• Vacancies that involve activities, products or services that may be considered offensive, illegal or misleading
• Vacancies involving any form of nudity or work in the Adult Industry
• training courses
• Pyramid Selling Schemes
• Vacancies that do not provide full details of the job, product or service involved
• Vacancies that involve promotion of gambling or gambling websites. For example, advertising a poker tournament or promoting a gambling website. Please note this does not exclude general hospitality Positions, for example Positions in clubs, pubs or casinos
• Vacancies where the contractual arrangements relating to the Position are not covered by an Australian Industrial Relations Agreement
• Vacancies where the remuneration is not paid in Australian currency
• Vacancies that do not clearly specify all costs to be incurred by the Job Seeker.

Additional requirements for Multi-Level Marketing, Self Employment, Business Opportunities and Commission Work

44. You MUST NOT use the Find Staff feature on JobSearch to search for Job Seekers to fill your Vacancy.

45. You must:

• identify your Vacancies as Self Employment, Business Opportunity, Multi-Level Marketing or Commission by selecting the appropriate job type when lodging your Vacancy and including Self Employment, Business Opportunity, Multi-Level Marketing or Commission in brackets after the job title
• specify the nature of the business
• clearly state any amount the Job Seeker will need to invest or pay upfront, and the continuing fees for the product, equipment purchases or any other costs
• only lodge Vacancies for the sale of products or services which are not illegal in Australia
• list the full details of the products or services involved
• explain the duties involved
• provide details of wages including commission rate and retainer (if applicable) and method of payment
• provide a range of likely earnings.

Additional requirements for Independent Contractors

46. Vacancies for Independent Contractors or Sub-contractors must include items that are required to be supplied by potential candidates in the Vacancy description field. You must also make it clear that the work is to be performed under Independent Contracting or Sub-contracting arrangements and that wages are subject to negotiation. 

Additional requirements for work from home Positions

47. If your Vacancy requires the Job Seeker to work from home, your Vacancy must include:

• the nature of the Employment (e.g. will the Job Seeker be working as an Employee or an Independent Contractor)
• how the Job Seeker will be paid (e.g. commission based, hourly rate, etc) including details or superannuation
• details of who will be responsible for workers compensation and other relevant insurances, if applicable
• the duration of Employment (if non-ongoing) and anticipated daily working hours
• information about the deduction of income tax (e.g. do you withhold income tax or does the worker pay their own income tax)
• details and cost of any equipment the Job Seeker will need to supply
• details of any other costs the Job Seeker will be expected to pay.

48. DEEWR may in its sole discretion, remove any Vacancy which is posted which DEEWR determines, in its absolute discretion, is not for legitimate work.

Additional requirement for Green Corps Positions

49. You must identify Green Corps Positions by selecting the appropriate Vacancy job type when lodging your Vacancy. The Vacancy description field must specify the Government program that is funding the Positions; the nature and period of the training; details of any off the job training involved; the training wage applicable, and whether Employment is available at the end of the training.

50. You must specify Green Corps in brackets after job title.

51. These Positions are not counted in the job count on the JobSearch homepage.

Additional requirements for overseas Employment

52. Overseas Employment will only be accepted when Australian based Employers lodge the Vacancies and there is a requirement for the Employee to work overseas. You must place the Employee on an Australian Enterprise Agreement. The Employee must remain under an Australian Enterprise Agreement for the entire time they are on the overseas placement.

53. You must include full details of the travel, wages, accommodation and period of the overseas placement in the Vacancy description field.

Migrant Friendly Vacancies

54. Vacancies lodged as a Migrant Friendly Vacancy will be displayed to Australian Job Seekers for the first 28 days. After that time the Vacancy will be displayed to Australian Job Seekers, via the JobSearch website, and displayed and automatched to Skilled Migrant Job Seekers, via the Skilled Migrant website, for the next 32 days.

Specific Conditions of Use for Job Seekers

How does JobSearch work?

55. JobSearch lets you search for jobs and create or upload your resume(s).

56. The information provided by you will be used by Employers searching for Employees.

57. By registering with JobSearch you are agreeing to have your resume publicly displayed via the internet and agree to receive notification (via email or your personal profile) from JobSearch relating to job matches, employment offers from employers, the use of the website and other relevant Employment matters.

Job seekers rules for using JobSearch

58. The following rules apply for Job Seekers using JobSearch:

• You must be an Australian citizen, resident or have an appropriate visa to work in Australia to register and use the resume and log in features of JobSearch
• You must be allowed by law to work (for example, meeting minimum age requirements in your state or territory) before you lodge a resume
• When you stop using JobSearch to find a job, you must remove your resume(s)
• If any of your details change (for example, address, phone number and skills) you must update your details on JobSearch and/or advise your Job Services Australia Provider of these changes within 24 hours
• You must not provide any information that is likely to be considered false, misleading, offensive or unlawful. If you do, this information may not be displayed and may be removed from the system. You may be refused future access to JobSearch and, if appropriate, have your details given to appropriate authorities.

Putting a resume on JobSearch

59. To upload a resume on JobSearch you will need to save your resume as a Rich Text Format (RTF) document. You can do this by clicking on the ‘Save as’ type dropdown box when saving your resume.

60. If your resume has any information that is considered false, misleading, offensive or unlawful, it may not be displayed and may be removed from the system.

61. You must not include any images (such as pictures of yourself) in your resume. The system will block resumes containing images from being uploaded.

62. People with sensitive Job Seeker records (for example, those under witness protection) whose personal details must not be displayed must not upload their resume(s).

Expiry of resumes

63. If you are a public Job Seeker (i.e. you do not receive any Government assistance) your resume(s) will stay on display for 90 days from the date you view or change your details. After this time it will be removed from the system.

64. Resumes created by Job Services Australia Providers for Stream 1 Limited Job Seekers will stay on the system for 91 days from the date viewed or changed, after which time they will be inactivated on the system.

65. If you are a Fully Eligible Participant, the resume created for you by your Job Services Australia Provider will remain on the system until you are no longer in receipt of a Government allowance.

Job seeker privacy

66. No personal details about you will be shown on JobSearch unless you choose to include them in your resume. Otherwise your identity will remain anonymous. If you are registered with a Job Services Australia Provider and have a sensitive Job Seeker record (for example, you are under witness protection), your personal details will not be displayed on JobSearch and cannot be viewed by any other parties.

67. Any information provided in resumes you upload or create on the website can be viewed by Job Services Australia Providers. Job Services Australia Providers are bound by contract to protect your privacy in regard to any information you put on the website.

68. JobSearch will not provide you with the names of Employers who have accessed your resume(s) online.

69. Details of JobSearch privacy undertakings can be found through the Privacy link on JobSearch.

 

 

 JobSearch definitions 

Term	Definition
ABN	Australian Business Number. For more information about ABNs, visit www.ato.gov.au
Adult industry	Activities which are linked commercially to the demand for and supply of sexual behaviour, such as work in adult book shops and movie theatres, as well as work in the sex industry, including prostitution, escort services and the production of pornography.
Advertisement	A vacancy listed on JobSearch
Anticipated vacancy	Any vacancy which is reasonably expected to become available at a specified date in the future
Commission work	Typically involves selling goods or services for a percentage of sales receipts; for example, door-to-door sales or telephone canvassing
DEEWR (Department of Education, Employment and Workplace Relations)	The Department of Education, Employment and Workplace Relations provides the government with high quality advice, programmes and services relating to education, training, employment and workforce participation
Employer	Refers to a person, business, company or organisation seeking to fill a vacancy (including recruitment agencies)
Employment	Involves work as an employee for a regular paid wage or salary as well as conditions of employment such as holiday pay, sick leave, superannuation
Find staff	A JobSearch tool that allows employers to search through resumes to find appropriate staff with the skills required to undertake the position
Fully Eligible Participant	A person, who is identified by Centrelink, DEEWR, the Provider or a JCA Provider on DEEWR’s IT System as fully eligible for all Stream Services.  This includes a Vulnerable Youth, a Vulnerable Youth (Student) for Services under Stream 4 only and a Transitioned Participant.  However, it excludes a Stream 1 (Limited) Participant and Drought Force Only Participant
Green Corps	A voluntary development and environmental training program that provides people with the opportunity to participate in projects that conserve, preserve and restore Australia's natural environment and cultural heritage
Host employer	A business entity which provides work at their work place for staff provided by an on-hire employer. The host employer would normally pay a fee to the on-hire employer
Independent Contracting/ors or Sub-contracting/ors	Independent Contractors or Sub-contractors are not Employees of the organisation for whom they are doing work
Job Seeker	A person seeking employment
Job Services Australia	Job Services Australia is a national network of private and community organisations dedicated to increasing Employment participation, playing a greater role in addressing skills shortages and assisting individual Job Seekers, particularly disadvantaged Job Seekers to obtain sustainable Employment.
Job Services Australia Providers	Are contracted service providers assisting Job Seekers find work and become job ready, and assists Employers to find suitable candidates
JobSearch	The Australian JobSearch website
Migrant friendly vacancy	A vacancy in an occupation from the Migrant Occupation in Demand (MODL) list, a list of occupations in demand in the Australian labour market. The vacancy is listed by an employer who has agreed to have the vacancy listed on the Skilled Migrant website. This website targets migrant job seekers, who are people seeking employment in accordance with a special visa granted by the Australian Department of Immigration and Citizenship (DIAC) and Skilled Migrant Conditions of Use. These job seekers have been skills assessed by DIAC, a process by which their skills have been assessed and confirmed as true and correct
Multi-level marketing	Multi-level marketers typically seek the purchase and/or sale of a product or service, for which remuneration is commission based
On-hire employer	An entity which typically employs job seekers for the purpose of hiring their services out to a host employer
On Target Earning (OTE)	An incentive based pay package common to sales-personnel.  It usually consists of a basic salary which is supplemented by an additional payment if the Employee performs at or reaches the target set for them.  Performance above the target often results in a higher payment
Position	A position refers to the number of job opportunities within a vacancy
Pyramid Selling Scheme	A trading scheme in which some or all new participants must make a participation payment to one or more other participants in the scheme; and the participation payment is at least substantially induced by the prospect that the participant will be entitled to a recruitment payment for recruiting other participants to the scheme.
Self Employment/Business opportunity	These vacancies typically seek capital investment or purchase of stock
Skilled Migrant Job Seeker	Skilled migrant job seekers have had their skills and qualifications assessed and recognised, and have been granted a General Skilled Migrant visa by the Department of Immigration and Citizenship (DIAC). They have passed an English literacy test, and have been invited to register a skills profile to assist them in finding employment in Australia
Stream 1 (Limited) Participant	A person who is not a Fully Eligible Participant and who either: (a) is not: (i) undertaking Full‐Time Study, unless the purpose for seeking Services from the Provider is to obtain an apprenticeship or traineeship; (ii) Employed for 15 hours or more each week, unless he or she is seeking Services from the Provider for the purpose of obtaining an apprenticeship or traineeship; (iii) an overseas visitor on a working holiday visa; (iv) an overseas student studying in Australia; or (v) prohibited by law from working in Australia; or (b) has characteristics which identify the person as being a Stream 1 (Limited) Participant, being characteristics which DEEWR may Notify the Provider, from time to time.
TFN	Tax File Number
Vacancy	A legitimate job being advertised or offered which is currently available and includes business opportunities