AT828612 - Transport Workers’ (Virgin Tech) Award 2003 [Transitional]
22.1 General
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.
22.2 Definitions
22.2.1 Accredited assessor
A person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments on an individual’s productive capacity within the supported wage system.
22.2.2 Assessment instrument
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.
22.2.3 Disability support pension
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.
22.2.4 Supported wage system
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.
22.3 Eligibility criteria
22.3.1 Except as provided in 22.2, this clause applies to supported wage employees. Supported wage employees - employees who are unable to perform the range of duties to the competence level required within the classification for which they are 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.
22.3.2 This clause does not apply to any employee who has a claim against Virgin Tech 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.
22.3.3 This clause does not apply to Virgin Tech in respect of their facility, programme, 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 are eligible for a disability support pension, except with respect to 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.
22.4 Supported wage rates
22.4.1 Supported wage employees must be paid a minimum rate equal to the following percentage of the minimum wage rate prescribed by this award for the classification for which the person is engaged:
Assessed Capacity(22.5) |
Percentage of adult minimum wage rate |
10% |
10% |
20% |
20% |
30% |
30% |
40% |
40% |
50% |
50% |
60% |
60% |
70% |
70% |
80% |
80% |
90% |
90% |
[22.4.2 varied by PR960505 PR975619 PR978592; PR984041 ppc 01Oct08]
22.4.2 If a person’s assessed capacity is 10%, they will receive a high degree of assistance and support. Provided that the minimum amount payable to a supported wage employee is $69.00 per week.
22.5 Assessment of capacity
For the purpose of establishing the percentage of the award rate to be paid to an employee under this award, the productive capacity of the employee is assessed in accordance with the supported wage system and documented in an assessment instrument, by either:
22.5.1 Virgin Tech and the union in consultation with the employee, or, if desired by any of these; or
22.5.2 Virgin Tech and an accredited assessor from a panel agreed by the parties to the award and the employee.
22.6 Lodgment of assessment instrument
22.6.1 All assessment instruments under this clause, including the appropriate percentage of the award wage to be paid to the employee, must be lodged by Virgin Tech with the Registrar of the Commission.
22.6.2 All assessment instruments must be agreed and signed by the parties to the assessment.
22.6.3 If the union is not party to the assessment, it must be referred by the Registrar to the union by certified mail and must take effect unless an objection is notified to the Registrar within ten working days.
22.7 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 must be in accordance with the procedures for assessing capacity under the supported wage system.
22.8 Other terms and conditions of employment
If an assessment has been made, the applicable percentage must apply to the wage rate only. Employees covered by the provisions of the clause are entitled to the same terms and conditions of employment as all other workers covered by this award paid on a pro rata basis.
22.9 Workplace adjustment
Virgin Tech wishing to employ a person under the provisions of this clause must 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.
22.10 Trial period
22.10.1 In order for an adequate assessment of the employee’s capacity to be made, Virgin Tech may employ a person under the provisions of this clause for a maximum trial period of twelve weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.
22.10.2 During that trial period the assessment of capacity must be undertaken and the proposed wage rate for a continuing employment relationship must be determined.
[22.10.3 substituted by PR960505 PR975619 PR978592; PR984041 ppc 01Oct08]
22.10.3 The amount payable to the employee during the trial period must be $69.00 per week. Work trials should include induction or training as appropriate to the job being trialed.
22.10.4 If Virgin Tech 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 22.5.
