Wage assessment for employees with disabilities
There is a range of collective and individual employment options available to Western Australian employers who engage people with disabilities.
- Award provisions
- Industrial agreements
- Employer employee agreements
- Minimum conditions of employment
- Methods of assessment
- Further information
Award provisions
State awards may contain clauses allowing for a lesser amount to be paid to employees with disabilities.
Aged and Infirm Workers and Under Rate Employees award clauses allow an employer, in consultation with a union or nominated body, to set a below-award rate of pay for a person with a disability that is outside the supported wage system.
Supported Wage Employees award clauses provide eligibility and assessment criteria for employees with disabilities through the Supported Wage System (SWS). The SWS allows for the payment of a pro rata wage based on a productivity assessment of an employee in a particular job.
If an award does not contain any of the abovementioned clauses, employees are required to be paid the full rate of pay for their position and classification.
All other conditions contained in the award continue to apply to supported wage employees.
Industrial Agreements
Industrial Agreements (IAs) may be an alternative option for employers seeking to engage people with disabilities. IAs can be negotiated on a single or multi-enterprise basis with the relevant union and can be tailored to meet the specific needs of people with disabilities.
IAs are particularly useful to employers where their award does not contain supported wage provisions.
Employer Employee Agreements
Employer Employee Agreements (EEAs) are a form of individual agreement made between the employer and employee. EEAs have been specifically designed to facilitate the employment opportunities for people with disabilities through:
EEAs can be offered to people with disabilities where there is no applicable award or EBA containing supported wage provisions.
EEAs are subject to a no-disadvantage test, ensuring that people with disabilities are not disadvantaged by virtue of receiving reduced wages.
Minimum conditions of employment
Employers not covered by an award or agreement are generally subject to the Minimum Conditions of Employment Act (MCE Act).
The Act does not apply to persons:
"who receive a disability support pension under the Social Security Act 1991 of the Commonwealth; and whose employment is supported by 'supported employment services' within the meaning of the Disability Services Act 1986 of the Commonwealth".
Where the Act does apply, section 9 of the Act allows employees and employers to agree (in writing) on a lower rate of pay than the minimum weekly rate if the employee has either a permanent or temporary mental or physical disability.
Methods of assessment
There are a range of methods for assessing the output of employees with a disability – based on either productivity or competency or a combination of both.
Further information
For further information on options for employing workers with disabilities call Wageline on 1300 655 266.