AP795978 - Space Tracking Industry Award 1998
18. SUPPORTED WAGE SYSTEM FOR PEOPLE WITH DISABILITIES
18.1 Workers eligible for a supported wage
This clause 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 clause, the following definitions will apply:
18.1.1 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.
18.1.2 Accredited assessor means a person accredited by the management unit established by the Commonwealth under the Supported wage wystem to perform assessments of an individual's productive capacity within the Supported wage system.
18.1.3 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, a amended from time to time, or any successor to that scheme.
18.1.4 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.
18.2.1 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.
18.2.2 This 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 award relating to the rehabilitation of employees who are injured in the course of their current employment.
18.2.3 This clause does not apply to employers in respect of their facility, program, 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 to an organisation which has received recognition under section 10 or section 12A of the Disability Services Act, or if a part only has received recognition, that part.
18.3.1 Employees to whom this clause 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
|
Percentage of prescribed
|
10%* |
10% |
20% |
20% |
30% |
30% |
40% |
40% |
50% |
50% |
60% |
60% |
70% |
70% |
80% |
80% |
90% |
90% |
18.3.2 * Where a person's assessed capacity is 10 percent, they will receive a high degree of assistance and support.
18.3.3 Provided that the minimum amount payable will be not less than $61 a week.
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:
18.4.1 The employer and a union party to the award, in consultation with the employee or if desired by any of these:
18.4.2 the employer and an accredited assessor from a panel agreed by the parties to the award and the employee.
18.5 Lodgement of assessment instrument
18.5.1 All assessment instruments under the conditions of this clause, 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 Australian Industrial Relations Commission.
18.5.2 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 ten working days.
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.
