Employees with disability may have been covered by one of the following pre-modern awards:
- the relevant pay scale for their job
- a special Federal Minimum Wage (No.1 or No. 2)
- a special Supported Wage System (SWS) pay scale
- a special Business Services (employees with a disability) pay scale.
The pre-modern award entitlement for an employee with disability depended on:
- what their job was,
- whether their disability affected their 'productive capacity' to do a job, and
- whether they worked in open employment or in an Australian Disability Enterprise.
Pre-modern award where the disability did not affect productive capacity
For many employees with disability, their disability doesn't affect the way they do their job (i.e. it doesn't affect their 'productive capacity').
Until the first full pay period on or after 1 July 2010 these employees had to be paid their full pre-modern award entitlement. If they were not covered by a pay scale, they could get the rate set out in special Federal Minimum Wage No. 1. This was equal to the rate in the standard Federal Minimum Wage - $14.31 per hour. From the first full pay period on or after 1 July 2010 the Federal Minimum Wage was $15.00.
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).
Pre modern award where the disability does affect productive capacity
Employees with disability, whose disability affects aspects of their productive capacity to do a job can be paid a percentage of the full rate of pay under the Supported Wage System. This percentage is based on their assessed productive capacity. For example, if an employee has an assessed productive capacity of 70%, they could be paid 70% of the standard national minimum wage (i.e. 70% of $589.30).
This only applies if the employee:
- is unable to perform the range of duties at a certain level because their disability affects their output
- get the Disability Support Pension or would be eligible for this pension if they didn't have to meet Australian residency requirements
- has had their productive capacity properly assessed by the Department of Education, Employment and Workplace Relations (DEEWR).
The pre-modern award covering employees with an assessed capacity depended on whether they were employed in open employment, or employed in Australian Disability Enterprises.