Appendix 2: Supported wage for employees with a disability

Employees eligible for a supported wage

This Appendix defines the conditions which will apply to employees who, because of the effects of a disability, are eligible for a supported wage. In the context of this Appendix, the following definitions will apply:

"Supported Wage System" means the Commonwealth system to promote employment for people who cannot work at full salary because of a disability.

"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.

"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.

"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.

Eligibility criteria

Employees covered by this Appendix 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, because of the effects of a disability on their productive capacity and who meet the impairment criteria test for a Disability Support Pension.

This Appendix 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 provisions of this Agreement relating to the rehabilitation of employees who are injured in the course of their employment.

Assessment of capacity

For the purpose of establishing the percentage of the relevant salary rate to be paid to an employee under this Agreement, the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument.

Trial period

In order for an adequate assessment of the employee's capacity to be made, an employer may employ a person under the provisions of this Appendix for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.

During the trial period the assessment of capacity shall be undertaken and the proposed salary rate for a continuing employment relationship shall be determined.

The minimum amount payable to the employee during the trial period shall be no less than $62 per week.

Where the employer and 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 the conditions of this Appendix.

Lodgement of assessment instrument

All assessment instruments under the conditions of this Appendix, including the appropriate percentage of the relevant salary rate to be paid to the employee, shall be lodged by the employer with the Registrar of the Australian Industrial Relations Commission.

All assessment instruments shall be agreed and signed by the parties to the assessment.

Supported wage rates

Subject to a minimum amount payable of not less than $62 per week, employees to whom this clause applies shall be paid the applicable percentage of the relevant salary rates under this Agreement, according to the following schedule:

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 shall be in accordance with the procedures for assessing capacity under the Supported Wage System.

Other terms and conditions of employment

Where an assessment has been made, the applicable percentage shall apply to the salary rate only. Employees covered by the provisions of this Appendix will be entitled to the same terms and conditions of employment as all other employees covered by this Agreement paid on a pro rata basis.

Workplace adjustment

The department shall take all 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.

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