Open employment exists where an employee with disability is engaged in the mainstream workforce, in a commercial setting, along with fully productive employees.
Employees in open employment whose disability affects their productive capacity may have been covered by one of the following pre-modern award entitlements:
- the relevant pay scale for their job, with supported wage system provisions
- the special Supported Wage System pay scale
If an employee is covered by a pay scale that doesn't include supported wage system provisions, they can be covered by the Special Supported Wage System pay scale. This gives them access to pro-rata Supported Wage arrangements.
- the special Federal Minimum Wage No 2.
If there is no pay scale that covers an employee with a disability which affects their productive capacity, they can be covered by the special Federal Minimum Wage No. 2. This has supported wage system levels in it based on an employee's assessed productive capacity.
From the first full pay period on or after 1 July 2011, the minimum pay rates for these employees are derived from either
- a modern award , or
- a pre-modern award (if there is no modern award covering them and the pre-modern award was a pay scale), or
- the special national minimum wage of $589.30 per week (before tax), or $15.51 per hour (if there is no modern award covering them and the pre-modern award was the special federal minimum wage).