AN160068 – Clerks (Unions and Labor Movement) Award 2004
(1) This clause sets out the provisions to apply to employees who because of the effects of a disability are eligible to be employed under the Supported Wage System in accordance with this clause.
(2) Definitions
In the context of this clause, the following definitions shall apply:
(a) “Supported Wage System” means the Commonwealth Government system to promote employment for people who can not work at full award wages because of a disability, as documented in ‘Supported Wage System: Guidelines and Assessment Process’.
(b) “Accredited Assessor” means a person accredited by the Management Unit established by the Commonwealth under the Supported Wage System to perform assessment of an individual’s productive capacity within the Supported Wage System.
(c) “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.
(d) “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.
(3) Eligibility Criteria
(a) Employees covered by this clause 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.
(b) The clause 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 clause relating to the rehabilitation of employees who are injured in the course of their current employment.
(c) (i) This clause does not apply to employers in respect of their facility, program, undertaking, service or the like which receive funding under the Disability Services Act 1986, and fulfil the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or eligible for a Disability Support Pension.
(ii) Provided that this exclusion shall not prevent services funded under Sections 10 or 12A of the Act referred to in sub-paragraph (i) hereof, engaging persons who meet the eligibility criteria under the Supported Wages System on work covered by this award where both parties wish to access the system, provided all other criteria are met.
(4) Supported Wage Rates
(a) (i) Employees to whom this clause applies shall 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 Award Rate |
10% |
10% |
20% |
20% |
30% |
30% |
40% |
40% |
50% |
50% |
60% |
60% |
70% |
70% |
80% |
80% |
90% |
90% |
(ii) Provided that the amount payable shall be not less than the ‘ordinary income free area’ as defined in the Social Security Act 1991 (which at 1 July 1994 was $45 per week).
(b) Where an employee’s assessed capacity rate is ten percent, they shall receive a high degree of assistance and support.
(5) Assessment of Capacity
For the purpose of establishing the percentage of the award rate to be paid to an employee under this award, the productivity capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an Assessment Instrument by either:
(a) The employer and the union, in consultation with the employee, or, if desired, by any of these; or
(b) The employer and an Accredited Assessor from a panel agreed to by the parties to the award and the employee.
(6) Lodgement of Assessment Instrument
(a) All Assessment Instruments under the condition of this clause including the appropriate percentage of the award rate to be paid to the employee, shall be lodged by the employer with the Registrar of the Commission.
(b) All Assessment Instruments shall be agreed and signed by the parties to the assessment, provided that where the union party to this award is not a party to the assessment, it shall be referred by the Registrar to the union by certified mail and shall take effect unless an objection is notified to the Registrar within 10 working days.
(7) Review of Assessment
The assessment of the applicable percentage to be applied in respect of the rate of pay should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review shall be in accordance with the procedure for assessing capacity under the Supported Wage System.
(8) Other Terms and Conditions of Employment
Where an assessment has been made, the applicable percentage shall apply to the minimum wage rate only. Employees covered by the provisions of the clause will be entitled to the same terms and conditions of employment as all other employees covered by this award, but be paid at the rate of wage as determined in accordance with this clause.
(9) Workplace Adjustment
An employer wishing to employ a person under the provisions of this clause shall take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve redesign of job duties, working time arrangements and work organisation in consultation with other employees in the area.
(10) Trial Period
(a) In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provision of this clause for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time, not exceeding four weeks, may be utilised where required.
(b) During the trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.
(c) The minimum amount payable to the employee during the trial period shall be not less than the figure defined in subclause (4)(a)(ii) of this clause.
(d) Work trials should include induction or training as appropriate to the job being trialled.
(e) Where the employer and the employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under subclause (5) of this clause.
(11) The conditions of employment to apply during the trial period or in a continuing employment relationship shall be documented, a copy of which shall be provided by the employer to the person employed in accordance with this clause.
