MA000027  PR988397

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AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

ORDER

Workplace Relations Act 1996
s.576E – Procedure for carrying out award modernisation process


HEALTH PROFESSIONALS AND SUPPORT SERVICES AWARD 2010
(AM2008/13)

JUSTICE GIUDICE, PRESIDENT
VICE PRESIDENT WATSON
SENIOR DEPUTY PRESIDENT WATSON
SENIOR DEPUTY PRESIDENT HARRISON
SENIOR DEPUTY PRESIDENT ACTON
COMMISSIONER SMITH

MELBOURNE, 11 SEPTEMBER 2009

Award Modernisation.

1. Further to the decision issued by the Commission on 2 September 2009 [[2009] AIRCFB 800], the Health Professionals and Support Services Award 2010 [MA000027 PR986368] is varied by incorporating transitional provisions in clause 2 and Schedule A.

2. The order commences on 1 January 2010.

3. The award as varied is attached.

BY THE COMMISSION:

PRESIDENT



Printed by authority of the Commonwealth Government Printer


<Price code G>

Health Professionals and Support Services Award 2010

The above award was first made on 3 April 2009 [PR986368]

This consolidated version of the award includes variations made on 11 September 2009 [PR988397]

NOTE: Transitional provisions may apply to certain clauses – see clause 2 and Schedule A

Table of Contents

[Varied by PR988397]

Part 1—Application and Operation
1. Title
2. Commencement and transitional
3. Definitions and interpretation
4. Coverage
5. Access to the award and the National Employment Standards
6. The National Employment Standards and this award
7. Award flexibility
Part 2—Consultation and Dispute Resolution
8. Consultation regarding major workplace change
9. Dispute resolution
Part 3—Types of Employment and Termination of Employment
10. Types of employment
11. Termination of employment
12. Redundancy
Part 4—Minimum Wages and Related Matters
13. Classifications
14. Minimum weekly wages for Support Services employees
15. Minimum weekly wages for Health Professional employees
16. Supported wage system
17. National training wage
18. Allowances
19. District allowances
20. Payment of wages
21. Accident pay
22. Superannuation
Part 5—Hours of Work and Related Matters
23. Ordinary hours of work
24. Span of hours
25. Rostering
26. Saturday and Sunday work
27. Breaks
28. Overtime penalty rates
29. Shiftwork
30. Higher duties
Part 6—Leave and Public Holidays
31. Annual leave
32. Public holidays
33. Personal/carer’s leave and compassionate leave
34. Community service leave
35. Ceremonial leave
Schedule A—Transitional Provisions
Schedule B—Classification Definitions
Schedule C—List of Common Health Professionals
Schedule D—Supported Wage System
Schedule E—National Training Wage


Part 1—Application and Operation

1. Title

This award is the Health Professionals and Support Services Award 2010.

2. Commencement and transitional

[Varied by PR988397]

2.1 This award commences on 1 January 2010.

[2.2–2.6 inserted by PR988397]

2.2 The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires an employer to maintain or increase any overaward payment.

2.3 This award contains transitional arrangements which specify when particular parts of the award come into effect. Some of the transitional arrangements are in clauses in the main part of the award. There are also transitional arrangements in Schedule A. The arrangements in Schedule A deal with:

2.4 Neither the making of this award nor the operation of any transitional arrangements is intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements, Fair Work Australia may make any order it considers appropriate to remedy the situation.

2.5 Fair Work Australia may review the transitional arrangements in this award and make a determination varying the award.

2.6 Fair Work Australia may review the transitional arrangements:

3. Definitions and interpretation

3.1 In this award, unless the contrary intention appears:

3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.

4. Coverage

4.1 This industry and occupational award covers:

4.2 This award does not cover an employee excluded from award coverage by the Act.

4.3 The award does not cover an employer bound by an enterprise award or enterprise NAPSA with respect to any employee who is covered by the enterprise award or NAPSA.

4.4 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

5. Access to the award and the National Employment Standards

The employer must ensure that copies of this award and the NES are available to all employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.

6. The National Employment Standards and this award

The NES and this award contain the minimum conditions of employment for employees covered by this award.

7. Award flexibility

7.1 Notwithstanding any other provision of this award, an employer and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning:

7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress.

7.3 The agreement between the employer and the individual employee must:

7.4 The agreement between the employer and the individual employee must also:

7.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.

7.6 Except as provided in clause 7.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.

7.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal.

7.8 The agreement may be terminated:

7.9 The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this award.


Part 2—Consultation and Dispute Resolution

8. Consultation regarding major workplace change

8.1 Employer to notify

8.2 Employer to discuss change

9. Dispute resolution

9.1 In the event of a dispute about a matter under this award, or a dispute in relation to the NES, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.

9.2 If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace, and all appropriate steps under clause 9.1 have been taken, a party to the dispute may refer the dispute to the Commission.

9.3 The parties may agree on the process to be utilised by the Commission including mediation, conciliation and consent arbitration.

9.4 Where the matter in dispute remains unresolved, the Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.

9.5 An employer or employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause.

9.6 While the dispute resolution procedure is being conducted, work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by the employer to perform work, whether at the same or another workplace that is safe and appropriate for the employee to perform.


Part 3—Types of Employment and Termination of Employment

10. Types of employment

10.1 Employment categories

10.2 Full-time employment

10.3 Part-time employment

10.4 Casual employment

11. Termination of employment

11.1 Notice of termination is provided for in the NES.

11.2 Notice of termination by an employee

11.3 Job search entitlement

12. Redundancy

12.1 Redundancy pay is provided for in the NES.

12.2 Transfer to lower paid duties

12.3 Employee leaving during notice period

12.4 Job search entitlement

12.5 Transitional provisions


Part 4—Minimum Wages and Related Matters

13. Classifications

[Sched A renumbered as Sched B by PR988397]

All employees covered by this award must be classified according to the structure and definitions set out in Schedule B—Classification Definitions. Employers must advise their employees in writing of their classification upon commencement and of any subsequent changes to their classification.

14. Minimum weekly wages for Support Services employees

14.1 Progression through pay points

14.2 Juniors in Support Services

14.3 Support Service employees

15. Minimum weekly wages for Health Professional employees

15.1 Progression through pay points

15.2 Health Professional employee—level 1

15.3 Health Professional employee—level 2

15.4 Health Professional employee—level 3

15.5 Health Professional employee—level 4

16. Supported wage system

[Sched C renumbered as Sched D by PR988397]

See Schedule D

17. National training wage

[Sched D renumbered as Sched E by PR988397]

See Schedule E

18. Allowances

18.1 Adjustment of expense related allowances

18.2 Blood check allowance

18.3 Clothing and equipment

18.4 Damaged clothing allowance

18.5 Deduction for board and lodging

18.6 Heat allowance

18.7 Meal allowances

18.8 Nauseous work allowance

18.9 Occasional interpreting allowance

18.10 On call allowance

18.11 Telephone allowance

18.12 Tool allowance

18.13 Travelling, transport and fares

19. District allowances

19.1 Northern Territory

19.2 Western Australia

19.3 This clause ceases to operate on 31 December 2014.

20. Payment of wages

20.1 Frequency of payment

20.2 Method of payment

21. Accident pay

21.1 Subject to clause 21.2, an employee is entitled to accident pay in accordance with the terms of:

21.2 The employee’s entitlement to accident pay under the NAPSA or award is limited to the amount of accident pay which exceeds the employee’s entitlement to accident pay, if any, under any other instrument.

21.3 This clause does not operate to diminish an employee’s entitlement to accident pay under any other instrument.

21.4 This clause ceases to operate on 31 December 2014.

22. Superannuation

22.1 Superannuation legislation

22.2 Employer contributions

22.3 Voluntary employee contributions

22.4 Superannuation fund


Part 5—Hours of Work and Related Matters

23. Ordinary hours of work

23.1 The ordinary hours of work for a full-time employee will be an average of 38 hours per week in a fortnight or four week period.

23.2 Not more than 10 ordinary hours of work (exclusive of meal breaks) are to be worked in any one day.

24. Span of hours

24.1 Unless otherwise stated, the ordinary hours of work for a day worker will be worked between 6.00 am and 6.00 pm Monday to Friday.

24.2 Private medical, dental and pathology practices

24.3 Private medical imaging practices

25. Rostering

26. Saturday and Sunday work

26.1 For all ordinary hours worked between midnight Friday and midnight Sunday, a day worker will be paid their ordinary hourly rate and an additional 50% loading.

26.2 A casual employee who works on a Saturday or Sunday will be paid a loading of 75% for all time worked instead of the casual loading of 25%.

27. Breaks

27.1 Meal breaks

27.2 Tea breaks

28. Overtime penalty rates

28.1 Overtime rates

28.2 Rest period after overtime

28.3 Time off instead of payment for overtime

28.4 Recall to work overtime

28.5 Rest break during overtime

29. Shiftwork

Where the ordinary rostered hours of work of an employee finish between 6.00 pm and 8.00 am or commence between 6.00 pm and 6.00 am, the employee will be paid an additional loading of 15% of their ordinary rate of pay.

30. Higher duties

30.1 A Support Services employee engaged in any duties carrying a higher wage rate than the classification in which they are ordinarily employed in any one day or shift will be paid at the higher wage rate for:

30.2 An employee classified as a Health Professional who is authorised to assume the duties of another employee on a higher classification under this award for a period of five or more consecutive working days will be paid for the period for which they assumed such duties at not less than the minimum rate prescribed for the classification applying to the employee so relieved.


Part 6—Leave and Public Holidays

31. Annual leave

Annual leave is provided for in the NES. This clause contains additional provisions.

31.1 Quantum of leave

31.2 Annual leave loading

31.3 Leave in advance

31.4 Close down periods—dental and medical practices

32. Public holidays

Public holidays are provided for in the NES. This clause contains additional provisions.

32.1 Substitution

32.2 Payment for working on a public holiday

33. Personal/carer’s leave and compassionate leave

Personal/carer’s leave and compassionate leave are provided for in the NES.

34. Community service leave

Community service leave is provided for in the NES.

35. Ceremonial leave

An employee who is legitimately required by Aboriginal tradition to be absent from work for Aboriginal ceremonial purposes will be entitled to up to 10 working days unpaid leave in any one year, with the approval of the employer.


Schedule A—Transitional Provisions

[Sched A inserted by PR988397]

A.1 General

A.1.1 The provisions of this schedule deal with minimum obligations only.

A.1.2 The provisions of this schedule are to be applied when there is a difference, in money or percentage terms, between a provision in a transitional minimum wage instrument (including the transitional default casual loading) or an award-based transitional instrument on the one hand and an equivalent provision in a modern award on the other.

A.2 Minimum wages – existing minimum wage lower

A.2.1 The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:

A.2.2 In this clause minimum wage includes:

A.2.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.

A.2.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.2.3 is referred to as the transitional amount.

A.2.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award minus the specified proportion of the transitional amount:

A.2.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review.

A.2.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.3 Minimum wages – existing minimum wage higher

A.3.1 The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:

A.3.2 In this clause minimum wage includes:

A.3.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.

A.3.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.3.3 is referred to as the transitional amount.

A.3.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award plus the specified proportion of the transitional amount:

A.3.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review. If the transitional amount is equal to or less than any increase in minimum wages resulting from the 2010 annual wage review the transitional amount is to be set off against the increase and the other provisions of this clause will not apply.

A.3.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.4 Loadings and penalty rates

A.5 Loadings and penalty rates – existing loading or penalty rate lower

A.5.1 The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:

A.5.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the transitional default casual loading or the loading or penalty in the relevant award-based transitional instrument for the classification concerned.

A.5.3 The difference between the loading or penalty in this award and the rate in clause A.5.2 is referred to as the transitional percentage.

A.5.4 From the following dates the employer must pay no less than the loading or penalty in this award minus the specified proportion of the transitional percentage:

A.5.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.6 Loadings and penalty rates – existing loading or penalty rate higher

A.6.1 The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:

A.6.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant award-based transitional instrument.

A.6.3 The difference between the loading or penalty in this award and the rate in clause A.6.2 is referred to as the transitional percentage.

A.6.4 From the following dates the employer must pay no less than the loading or penalty in this award plus the specified proportion of the transitional percentage:

A.6.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.7 Loadings and penalty rates – no existing loading or penalty rate

A.7.1 The following transitional arrangements apply to an employer not covered by clause A.5 or A.6 in relation to a particular loading or penalty.

A.7.2 Prior to the first full pay period on or after 1 July 2010 the employer need not pay the loading or penalty in this award.

A.7.3 From the following dates the employer must pay no less than the following percentage of the loading or penalty:

A.7.4 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.


Schedule BClassification Definitions

[Sched A renumbered as Sched B by PR988397]

B.1 Support Services employees—definitions

B.1.1 Support Services employee—level 1

Entry level:

An employee with less than three months work experience in the industry and who performs basic duties.

An employee at this level:

Indicative roles at this level are:

General and administrative services

Food services

Technical and clinical

Assistant gardener

Car park attendant

Cleaner

General clerk

Hospital orderly

Incinerator operator

Laundry hand

Seamsperson

Food and domestic services assistant

Animal house attendant

CSSD attendant

Darkroom processor

Dental assistant (unqualified)

Laboratory assistant

Medical imaging support

Orthotic technician

Recording attendant (including EEG & ECG)

Social work/Welfare aide

Theatre attendant

B.1.2 Support Services employee—level 2

An employee at this level:

In addition to level 1, other indicative roles at this level are:

General and administrative services

Food services

Technical and clinical

Driver (less than 3 tonne)

Gardener (non-trade)

General clerk/Typist (between 3 months and less than 1 years service)

Housekeeper

Maintenance/Handyperson (unqualified)

Storeperson

Diet cook (a person responsible for the conduct of a diet kitchen; an unqualified (non-trade) cook employed as a sole cook in a kitchen.

Instrument technician

Personal care worker grade 1

B.1.3 Support Services employee—level 3

An employee, other than an administrative/clerical employee, at this level:

An administrative/clerical employee at this level undertakes a range of basic clerical functions within established routines, methods and procedures.

Indicative roles performed at this level are:

General and administrative services

Food services

Technical and clinical

Driver (less than 3 tonne) who is required to hold a St John Ambulance first aid certificate.

General clerk/Typist (second and subsequent years of service)

Receptionist

Food monitor (an employee whose primary function is to liaise with patients and staff to obtain appropriate meal requirements of patients, and to tally and collate the overall results).

Instrument technician

Laboratory assistant

Personal care worker grade 2

Theatre technician

B.1.4 Support Services employee—level 4

An employee at this level:

Indicative roles performed at this level are:

General and administrative services

Food services

Technical and clinical

Clerk (ward, casualty, medical records etc.)

Driver (3 tonne and over)

Gardener (trade)

Medical imaging administration

Printer (trade)

Security officer

Trade cook

Dental assistant (qualified)

Dental technician

Instrument technician (qualified)

Orthotic technician

Pathology collector

Pathology technician

Personal care worker grade 3

Theatre technician (qualified)

B.1.5 Support Services employee—level 5

An employee at this level:

Indicative roles performed at this level are:

General and administrative services

Food services

Technical and clinical

Interpreter (unqualified)

Medical audio typist

Medical imaging administration

Medical stenographer

Secretary

Senior cook

Dental assistant

Orthotic technician

Pathology collector

Personal care worker grade 4

Pharmacy technician

Theatre technician

B.1.6 Support Services employee—level 6

An employee at this level:

Indicative roles performed at this level are:

General and administrative services

Food services

Technical and clinical

Computer clerk (advanced)

Gardener (advanced)

Pay clerk (advanced)

Library technician

Medical imaging administration

Printer (advanced)

Chef

Anaesthetic technician

Pathology collector

Pathology technician

Pharmacy technician

B.1.7 Support Services employee—level 7

An employee at this level:

Indicative roles performed at this level are:

General and administrative services

Food services

Technical and clinical

Gardener superintendent

General clerical supervisor

General services supervisor

Interpreter (qualified)

Medical imaging Administration

Food services supervisor

Senior chef

Personal care worker grade 5

Technical and therapy supervisor

B.1.8 Support Services employee—level 8

Employees at this level will typically have worked or studied in a relevant field and will have achieved a standard of relevant and/or specialist knowledge and experience sufficient to enable them to independently advise on a range of activities and features and contribute, as required, to the determination of objectives, within the relevant field/s of their expertise.

They are responsible and accountable for their own work; and may have delegated responsibility for the work under their control or supervision, in terms of, inter alia, scheduling workloads, resolving operations problems, monitoring the quality of work produced as well as counselling staff for performance as well as work related matters.

They would also be able to train and to supervise employees in lower levels by means of personal instruction and demonstration. They often exercise initiative, discretion and judgment in the performance of their duties.

The possession of relevant post secondary qualifications may be appropriate but not essential.

Indicative typical duties and skills in this level may include:

B.1.9 Support Services employee—level 9

Work at this level is usually performed in relation to established priorities, task methodology and work practices to achieve results in line with the organisation goals.

The work may include preparing papers and reports, drafting complex correspondence for senior employees, undertaking activities of a specialist or detailed nature, assisting in the preparation of procedural guidelines, providing, interpreting and analysing information for clients or other interested parties, exercising specific process responsibilities, and overseeing and co-ordinating the work of subordinate staff.

Work at this level includes supervision of a work group, small work area or office within the total organisational structure and co-ordination of a range of organisation functions.

Work is performed under general direction as to work priorities and may be of a technical or professional, project, procedural or processing nature, or a combination of these.

Direction exercised over work performed at this level may be less direct than at lower levels and is usually related to task methodologies and work practices. Employees at this level are expected to set priorities and to monitor work flow in the area of responsibility.

The work at this level requires the application of knowledge usually gained through previous experience in the discipline or from post secondary or tertiary study. The work may require the co-ordination of a range of organisation functions and the exercising of judgment and/or delegated authority in areas where precedents or procedures are not clearly defined.

Independent action may be exercised at this level, e.g. developing procedures, management strategies and guidelines.

Indicative typical duties and skills at this level may include:

B.2 Health Professional employees—definitions

[Sched B renumbered as Sched C by PR988397]

A list of common health professionals which are covered by the definitions is contained in Schedule C—List of Common Health Professionals.

B.2.1 Health Professional—level 1

Positions at level 1 are regarded as entry level health professionals and for initial years of experience.

This level is the entry level for new graduates who meet the requirement to practise as a health professional (where appropriate in accordance with their professional association’s rules and be eligible for membership of their professional association) or such qualification as deemed acceptable by the employer. It is also the level for the early stages of the career of a health professional.

B.2.2 Health Professional—level 2

A health professional at this level works independently and is required to exercise independent judgment on routine matters. They may require professional supervision from more senior members of the profession or health team when performing novel, complex, or critical tasks. They have demonstrated a commitment to continuing professional development and may have contributed to workplace education through provision of seminars, lectures or in-services. At this level the health professional may be actively involved in quality improvement activities or research.

At this level the health professional contributes to the evaluation and analysis of guidelines, policies and procedures applicable to their clinical/professional work and may be required to contribute to the supervision of discipline specific students.

B.2.3 Health Professional—level 3

A health professional at this level would be experienced and be able to independently apply professional knowledge and judgment when performing novel, complex, or critical tasks specific to their discipline. At this level health professionals will have additional responsibilities

An employee at this level:

B.2.4 Health Professional—level 4

A health professional at this level applies a high level of professional judgment and knowledge when performing a wide range of novel, complex, and critical tasks, specific to their discipline.

An employee at this level:


Schedule CList of Common Health Professionals

[Sched B renumbered as Sched C by PR988397]

Acupuncturist

Aromatherapist

Art Therapist

Audiologist

Biomedical Engineer

Biomedical Technologist

Cardiac Technologist Health Information Manager

Child Psychotherapist

Chiropractor

Client Advisor/Rehabilitation Consultant

Clinical Perfusionist

Community Development Worker

Counsellor

Dental Therapist

Dental Hygienist

Dietician

Diversional Therapist

Exercise Physiologist

Genetics Counsellor

Homeopathist

Masseur, Remedial

Medical Imaging Technologist (MIT)

(Including: Medical Radiographer; Ultrasonographer; Magnetic Resonance Imaging Technologist; Nuclear Medicine Technologist; and Radiation Therapist)

Medical Laboratory Technician

Medical Librarian

Medical Photographer/Illustrator

Medical Record Administrator

Medical Technician/Renal Dialysis Technician

Musculoskeletal Therapist

Music Therapist

Myotherapist

Naturopathist

Nuclear Medicine Technologist (NMT)

Occupational Therapist

Orthoptist

Osteopath

Pastoral Carer

Pharmacist

Physiotherapist

Play Therapist

Podiatrist

Prosthetist/Orthotist

Psychologist

Radiation Therapy Technologist (RTT)

Recreation Therapist

Reflexologist

Research Technologist

Medical Scientist

Social Worker

Sonographer

Speech Pathologist

Welfare Worker

Youth Worker


Schedule DSupported Wage System

[Sched C renumbered as Sched D by PR988397]

D.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.

D.2 In this schedule:

D.3 Eligibility criteria

D.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.

D.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.

D.4 Supported wage rates

D.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:

D.4.2 Provided that the minimum amount payable must be not less than $69 per week.

D.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.

D.5 Assessment of capacity

D.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the Supported Wage System by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.

D.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.

D.6 Lodgement of SWS wage assessment agreement

D.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Commission.

D.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Industrial Registrar to the union by certified mail and the agreement will take effect unless an objection is notified to the Commission within 10 working days.

D.7 Review of assessment

The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the supported wage system.

D.8 Other terms and conditions of employment

Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.

D.9 Workplace adjustment

An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.

D.10 Trial period

D.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

D.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.

D.10.3 The minimum amount payable to the employee during the trial period must be no less than $69 per week.

D.10.4 Work trials should include induction or training as appropriate to the job being trialled.

D.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause D.5.


Schedule E—National Training Wage

[Sched D renumbered as Sched E by PR988397]