My 18 yr old son is employed as a casual in retail. His hours have, and continue to be, reduced due to diminishing trade as a consequence of COVID 19. He satisfies the ATO criteria for JobSeeker. The only other employee in the store is a full time permanent employee and he has been nominated for JobSeeker. My son wasn't nominated. When the employer was asked why this was so, he was told in writing "you have always been on a private agreement and you get paid your full rate amount without any tax being withheld". This "private arrangement" is strange given my son is paid according to the General Retail Industry Award 2010 and employed as a Retail employee Level 1.
Is this employer's response sufficient for him to exclude my son from JobSeeker nomination? Should the "one in - all in' policy apply in this instance?