AN150038 – Clerks (Retail Industry) Award
SCHEDULE 4 - SUPPORTED WAGE PROVISIONS
OPDATE 12:03:2004 on and from
CLAUSE S4.1 DEFINITIONS
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. In the context of this Schedule, the following definitions will apply:
Accredited Assessor means a person accredited by the management unit established by the Commonwealth under the Supported Wage System to perform assessments of an individual's productive capacity within the Supported Wage System.
Assessment Instrument means the form provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.
Disability Support Pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.
Supported Wage System means the Commonwealth Government System to promote employment for people who cannot work at full award wages because of a disability, as documented in Supported Wage System: Guidelines and Assessment Process.
CLAUSE S4.2 ELIGIBILITY CRITERIA
S4.2.1 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.
S4.2.2 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 current employment.
S4.2.3 This Schedule does not apply to employers in respect of their facility, programme, undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are eligible for a Disability Support Pension, except with respect of an organisation which has received recognition under s.10 or under s.12A of the Disability Services Act 1986, or if a part only has received recognition, that part.
CLAUSE S4.3 SUPPORTED WAGE RATES
S4.3.1 Employees to whom this Schedule applies will be paid the applicable percentage of the minimum rate of pay prescribed by this Award for the class of work which the person is performing according to the following schedule:
Assessed capacity |
% of prescribed |
(clause S4.4) |
Award rates |
10% |
10% |
20% |
20% |
30% |
30% |
40% |
40% |
50% |
50% |
60% |
60% |
70% |
70% |
80% |
80% |
90% |
90% |
S4.3.2 Provided that the minimum amount payable will not be less than $60.00 per week.
S4.3.3 Where a person's assessed capacity is 10% they will receive a high degree of assistance and support.
CLAUSE S4.4 ASSESSMENT OF CAPACITY
For the purpose of establishing the percentage of the Award rate to be paid to an employee under this Award, the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument by either:
S4.4.1 the employer and a Union party to the Award, in consultation with the employee or, if desired by any of these;
S4.4.2 the employer and an accredited assessor acceptable to the employee and the employees advisers and to the employer.
CLAUSE S4.5 LODGEMENT OF ASSESSMENT INSTRUMENT
S4.5.1 All assessment instruments under the conditions of this Schedule, including the appropriate percentage of the Award wage to be paid to the employee, will be lodged by the employer with the Registrar of the Commission.
S4.5.2 All assessment instruments will be agreed and signed by the parties to the assessment, provided that where a Union which is party to the Award, is not a party to the assessment, it will be referred by the Registrar to the Union by certified mail and will take effect unless an objection is notified to the Registrar within 10 working days.
CLAUSE S4.6 REVIEW OF ASSESSMENT
The assessment of the applicable percentage should be subject to annual review, or earlier on the basis of a reasonable request for such a review. The process of review will be in accordance with the procedures for assessing capacity under the Supported Wage System.
CLAUSE S4.7 OTHER TERMS AND CONDITIONS OF EMPLOYMENT
Where an assessment has been made, the applicable percentage will apply to the wage rate only. Employees covered by the provisions of this Schedule will be entitled to the same terms and conditions of employment as all other workers covered by this Award paid on a pro rata basis.
CLAUSE S4.8 WORKPLACE ADJUSTMENT
An employer wishing to employ a person under the provisions of this Schedule will 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.
CLAUSE S4.9 TRIAL PERIOD
S4.9.1 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 4 weeks) may be needed.
S4.9.2 During the trial period the assessment of capacity will be undertaken and the proposed wage rate for a continuing employment relationship will be determined.
S4.9.3 The minimum amount payable to the employee during the trial period will not be less than $60.00 per week.
S4.9.4 Work trials should include induction or training, as appropriate, to the job being trialed.
S4.9.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment must be entered into based on the outcome of assessment under clause S4.4.
