Appendix B The Model Clause

A model clause

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 agreement/award. In the context of this clause, the following definitions will apply :

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]’.
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.
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.
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.

1.1 Eligibility Criteria

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 agreement/award, because of the effects of a disability on their productive capacity and who meet the impairment criteria test for a Disability Support Pension.

(The clause does not apply to any existing employee who has a claim against the employer which is subject to the provision of workers’ compensation legislation or any provision of this agreement/award relating to the rehabilitation of employees who are injured in the course of their employment).

The clause also does not apply to employers in respect of their facility, program, undertaking, services or the like which receives funding under the Disability Services Act 1986 and fulfills 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 s10 or s12A of the Act, or if a part only has received recognition, that part.

1.2 Supported Wage Rates

Employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this award/agreement for the class of work which the person is performing according to the following schedule:

Assessed Capacity % of Prescribed Award Rate (clause 1.3) 10% 10%* 20% 20% 30% 30% 40% 40% 50% 50% 60% 60% 70% 70% 80% 80% 90% 90%

(Provided that the minimum amount payable shall be not less than $45 per week).

• Where a person’s assessed capacity is 10%, they shall receive a high degree of assistance and support.

1.3 Assessment of Capacity

For the purpose of establishing the percentage of the award rate to be paid to an employee under this award/agreement, the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument, by either:

1. the employer and a union party to the award/agreement, in consultation with the employee, or, if desired by any of these;
2. the employer and an accredited Assessor from a panel agreed by the parties to the award and the employee.

1.4 Lodgment of Assessment Instrument

1. All assessment instruments under the conditions of this clause, including the appropriate percentage of the award wage to be paid to the employee, shall be lodged by the employer with the Registrar of the Industrial Relations Commission.
2. All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where a union which is a party to the award/agreement, 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.

1.5 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.

1.6 Other Terms and Conditions of Employment

Where an assessment has been made, the applicable percentage shall 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/agreement paid on a pro rata basis.

1.7 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 re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.

1.8 Trial Period

• 1. 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 clause for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.
• 2. During that trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.
• 3. The minimum amount payable to the employee during the trial period shall be no less than $45 per week.

or, in the case of paid rates awards:

The amount payable to the employee during the trial period shall be $45 per week or such greater amount as is agreed from time to time between the parties (taking into account the Department of Social Security income test free area for earnings) and inserted into this Award.

• 4. Work trials should include induction or training as appropriate to the job being trialed.
• 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 shall be entered into based on the outcome of the assessment under clause 1.3.

1.9 Savings Provision

Despite the variation to clause [ no ] of the Award, any arrangement entered into by an employer with the consent of the [ names of parties required to provide their consent under the existing clause ] concerning the payment of a person at a rate lower than the minimum wage prescribed by the Award, may continued as if the variation to clause [ no. ] has not been made.