Special national minimum wage for employees with disability

The Minimum Wages Panel of Fair Work Australia has set two special national minimum wages for employees with disability who are not covered by an award or agreement. These special national minimum wages came into effect from the first full pay period on or after 1 July 2011.

Disability that does not affect productive capacity

Special National Minimum Wage 1 applies to award and agreement free employees with a disability that doesn’t affect the way they can do their job (i.e. the disability doesn’t affect their productive capacity).  These employees must receive at least $589.30 per week (before tax), or $15.51 per hour.

Disability that does affect productive capacity

Special National Minimum Wage 2 applies to an award and agreement free employee with a disability that does affect the way that they can do their job (i.e. their productive capacity).  These employees can be assessed under the supported wage system and will earn a percentage of the full special National Minimum Wage (which is $589.30 per week (before tax), or $15.51 per hour.

This percentage is based on the employee’s assessed productive capacity. For example, if an employee has an assessed productive capacity of 70%, they could be paid 70% of the national minimum wage (i.e. 70% of $15.51).

This will only apply if the employee:

• is unable to perform the range of duties at a certain level because their disability affects their productivity
• meets the impairment criteria for receipt of a Disability Support Pension
• has had their productive capacity properly assessed by the Department of Education, Employment and Workplace Relations (DEEWR) .