This Appendix 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 the award.
In this Appendix:
Approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system.
Assessment instrument means the tool 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.
Disability Support Pension means the Commonwealth Government pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme.
Relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged.
Supported Wage System (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from JobAccess.
SWS wage assessment agreement means the document in the form required.
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 under this Agreement, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
The 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 provision of this Agreement relating to the rehabilitation of employees who are injured in the course of their employment.
For the purposes of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor, having consulted the Archives and the employee, and if the employee chooses to have their interests represented by a person or organisation of their choice, that representative.
Assessments made under this Appendix must be documented in a SWS wage assessment agreement, and retained by the Archives as a time and wages record in accordance with the Fair Work Act 2009.
All SWS wage assessment agreements under the conditions of this Appendix, including the appropriate percentage of the relevant minimum wage to be paid to the employee must be lodged by the Archives with the Fair Work Commission.
All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
The assessment of the applicable percentage should be subject to annual review or more frequent review 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.
Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage rate only. Employees covered by the provisions of the Appendix will be entitled to the same terms and conditions of employment as all other workers covered by the Agreement paid on a pro rata basis.
An employer wishing to employ a person under the provisions of this Appendix must take 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 workers in the area.
In order for an adequate assessment of the employee's capacity to be made, the Archives 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 four weeks) may be needed.
During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
The minimum amount payable to the employee during the trial period must be no less than $82 per week.
Work trials include the induction or training as appropriate to the job being trialled.
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 clause 342 and 343.