AP824076 - Australian Government Employment – Conditions and Salaries Award 2003
13. SUPPORTED SALARY PAYMENTS FOR EMPLOYEES WITH A DISABILITY
13.1 Workers eligible for a supported wage
This clause defines the conditions that 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:
13.1.1 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”.
13.1.2 Accredited assessor means a person accredited by the managing unit established by the Commonwealth under the Supported Wage System to perform assessments of an individual’s productive capacity within the Supported Wage System.
13.1.3 Disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided for under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.
13.1.4 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.
13.2.1 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 test for a Disability Support Pension.
13.2.2 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 employment.
13.2.3 This clause also does not apply to employers in respect of their facility, program, undertaking, service or the like which receives funding under the Disability Service 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 that Act, or if a part only has received recognition, that part.
13.3.1 Supported wage rates
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:
% of prescribed award rate | |
10% |
10% |
20% |
20% |
30% |
30% |
40% |
40% |
50% |
50% |
60% |
60% |
70% |
70% |
80% |
80% |
90% |
90% |
13.3.2 Provided that the minimum amount payable will be not less than $56 per week.
13.3.3 Where a person’s assessed capacity is 10%, they will receive a high degree of assistance and support.
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:
13.4.1 the employer and a union party to the award, in consultation with the employee or, if desired by any of these; or
13.4.2 the employer and an accredited assessor from a panel agreed by the parties to the award and the employee.
13.5 Lodgement of assessment instrument
13.5.1 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 AIRC.
13.5.2 All assessment instruments will be agreed and signed by the parties to the assessment, provided that where a union which is party to this 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.
13.7 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 the clause 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.
The employer wishing to employ a person under the provisions of this clause 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.
13.9.1 In order for an adequate assessment of the employee’s capacity to be made, the employer may employ a person under the provisions of this clause for a trial period not exceeding twelve weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.
13.9.2 During that trial period the assessment of capacity will be undertaken and the proposed wage rate for a continuing employment relationship will be determined.
13.9.3 The minimum amount payable to the employee during the trial period will be no less than $56 per week.
13.9.4 Work trials should include induction or training as appropriate to the job being trialed.
13.9.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under subclause 13.4 hereof.
