AN150039 – Clerks' (South Australia) Award
SCHEDULE 4. WORKERS IN SUPPORTED EMPLOYMENT
4.1 SCOPE AND APPLICATION
OPDATE 26:08:97 1st pp on or after
4.1.1 The provisions of this Schedule are strictly confined to employees defined as "Workers in Supported Employment".
4.1.2 Unless otherwise provided in this Schedule the provisions of the Award will apply to all such employees.
4.1.3 Where the provisions of this Schedule provide for different conditions than the remainder of the Award the provisions of this Schedule will prevail to the extent of any such inconsistency.
4.1.4 In recognition that the provisions of this Schedule have been developed specifically for this category of employee, none of the provisions of this Schedule can or will be used as a precedent in any other award matter.
4.2 ARRANGEMENT
Subject Matter |
Clause No |
Arrangement |
4.2 |
Attendance at Meetings |
4.8 |
Bereavement/Compassionate Leave |
4.10 |
Contract of Hiring |
4.4 |
Definitions |
4.3 |
Disputes or Grievances Avoidance/Settlement Procedure |
4.13 |
Inappropriate Behaviour |
4.6 |
Leave Without Pay |
4.11 |
Medical, Etc. Appointments |
4.9 |
Scope and Application |
4.1 |
Training and Development Leave |
4.7 |
Wages and Superannuation |
4.5 |
Workplace Flexibility |
4.12 |
4.3 DEFINITIONS
Unless the contrary intention appears:
4.3.1 Advocate means a person who primarily represents the interests of a person with a disability in a way consistent with the expressed wishes of the person with a disability, or who acts in the best interests of the person with a disability where the person is unable to express their wishes, in order to assist the person with a disability to exercise control over their life.
4.3.2 Suspension without pay means the removal of the employee from the employer's premises during which time the employee will not be entitled to receive payment for time that would normally have been worked were it not for the suspension.
4.3.3 Workers in Supported Employment means employees:
4.3.3.1 who are otherwise subject to an exemption under Section 112 of the Act; and
4.3.3.2 who are entitled to receive an appropriate pension or benefit as a result of their disability; and
4.3.3.3 who are in supported employment which wholly or partly offers paid employment to persons with disabilities, being persons:
(i) with a disability that is attributable to an intellectual, psychiatric, sensory or physical impairment or a combination of such impairments;
(ii) for whom competitive employment at or above the relevant award wage is unlikely;
(iii) who, because of their disabilities need substantial on-going support to obtain or retain paid employment; and
(iv) who are being assisted or trained in or by an organisation or body that provides employment services to disabled workers declared by proclamation as being within the ambit of Section 112 of the Act.
4.4 CONTRACT OF HIRING
4.4.1 Work Assessment Period
4.4.1.1 In order to assess whether or not employees with a disability will be suited to, and benefit from, supported employment at a future date, trial work assessment places may be offered for an initial period not exceeding four (4) weeks on each occasion with a particular employer.
4.4.1.2 At the completion of such initial assessment period the employment will terminate unless the employer:
(i) extends the trial period for a further period not exceeding four (4) weeks; or
(ii) confirms the employment in a category consistent with other employees.
4.4.1.3 During the work assessment period prescribed herein the employee will be engaged as a temporary employee and employment may be terminated by the giving of one hours notice by either party by the payment or forfeiture of one hours pay.
4.4.2 Continued Employment
In situations where the provisions of 4.4.1 above are not utilised or where ongoing employment in accordance with 4.4.1.2 (ii) is confirmed, the employees will be employed in accordance with the normal contract of hiring applying in this Award.
4.5 WAGES AND SUPERANNUATION
4.5.1 Wage Rates
4.5.1.1 Employers employing persons pursuant to this Schedule will not be required to observe the provisions relating to rates of pay prescribed elsewhere in this Award.
4.5.1.2 Wages must be paid in accordance with the agreement reached between the employer and the employee. Representative(s) of the employee's choice may participate in the achievement of such agreement. The agreement is to be reduced into writing and a copy provided to the employee at or within five (5) days of commencing employment.
4.5.2 Superannuation
An employer employing persons pursuant to this Schedule is required to observe the provisions of the Superannuation Guarantee (Administration) Act 1992 but otherwise is not be required to observe any other superannuation provisions prescribed in this Award.
4.6 INAPPROPRIATE BEHAVIOUR
4.6.1 Employees whose behaviour at the workplace leads to a situation as described in 4.6.1.1 or 4.6.1.2 below may be suspended without pay.
4.6.1.1 Following a physical assault by an employee and where the employee’s behaviour presents a significant or continuing danger to any person including the employee. Suspension under this circumstance must not exceed seven (7) days before review.
4.6.1.2 Following an assessment that an employee’s behaviour presents a dangerous situation to any person including the employee, but where no physical assault has actually occurred. Suspension under this circumstance must not exceed three (3) days before review.
4.6.2 Following a suspension, a meeting must take place between the employer, the employee, the employee's advocate and other appropriate persons within 72 hours to determine the causes of the incident and a means to its resolution. This may be in the form of a further suspension, termination, or a program for reintegration into the workplace.
4.7 TRAINING AND DEVELOPMENT LEAVE
4.7.1 Leave without loss of pay of up to five (5) hours per week will be granted to employees to attend a training course approved by the employer as training directly related to the employee's ability to perform their allocated job.
4.7.2 Leave without pay of up to five (5) hours per week to attend a training or development course recommended by an employee's individual program plan will be granted provided that:
4.7.2.1 attendance at the course is not possible outside ordinary working hours;
4.7.2.2 at least 14 days notice of the course dates is given.
4.8 ATTENDANCE AT MEETINGS
4.8.1 Individual Program Meetings
Time off without loss of pay must be allowed for employees to attend their own individual program planning meetings.
4.8.2 Work Site Employee Meetings
Up to three (3) hours total time off per month without loss of pay may be allowed for employees to attend work site meetings dealing with employment related issues with advocacy groups and/or trade unions provided that reasonable notice of the meeting time and date is given, and that such time and date is acceptable to the employer.
4.9 MEDICAL, ETC. APPOINTMENTS
4.9.1 Leave without loss of pay may be granted for necessary medical and ancillary appointments subject to the following:
(i) that appointments are unable to be made outside ordinary working hours;
(ii) that 24 hours notice is given to the work area;
(iii) that verification by certificate, letter or copy of the appointment card is provided.
4.9.2 The provisions of 4.9.1 recognise that people with disabilities may require more than the normally accepted access to such medical and ancillary appointments. In these circumstances requests for leave pursuant to 4.9.1 must not be unreasonably refused.
4.10 BEREAVEMENT/COMPASSIONATE LEAVE
4.10.1 An employee will on the death of close blood or marital relative or defacto partner, formally appointed advocate, or close and important friend be entitled on notice to leave up to and including the day of the funeral of such person and such leave will be without deduction of pay for a period not exceeding the number of hours worked by the employee in 2 ordinary days work. Proof of such death must be furnished by the employee to the satisfaction of the employer if so requested.
4.10.2 Provided that this Clause will have no operation while the period of entitlement to leave under it coincides with any other period of leave.
4.11 LEAVE WITHOUT PAY
4.11.1 Leave of absence without pay may be granted to employees by the employer in the case of illness, temporary inability to work or incompatibility with the work environment or other justifiable pressing necessity where such leave is an addition to any paid leave elsewhere in the Award.
4.11.2 Such leave without pay may be granted as a result of an application from the employees or their advocate.
4.12 WORKPLACE FLEXIBILITY
The employer may, in establishing employment under this Schedule, consult with the employees and their representatives and the appropriate union if applicable and take into account the following matters:
4.13 DISPUTES OR GRIEVANCES AVOIDANCE/SETTLEMENT PROCEDURE
4.13.1 In applying the dispute settlement provisions of the Award primary emphasis will be given to the involvement of the employee's representative or chosen advocate.
4.13.2 At all stages of the grievance procedure, the employee's right to effective advocacy is recognised by the employer. The employer must ensure that at all stages, such effective advocacy is provided, the employee having the right to appoint a person of their own choice.
