Continuous improvement
Standard 9: Employment conditions
How Standard 9 applies to Australian Disability Enterprises and Disability Employment Services
Each person with a disability has the opportunity to develop and maintain skills and to participate in activities that enable him or her to achieve valued roles in the community.
Standard 9 context
Policy and program context for Australian Disability Enterprises
The intention of the Standard is to pay "real wages for real work". As part of their service practices all should be identifying work opportunities for people with disabilities that provide pay and conditions in accordance with relevant standards.
Australian Disability Enterprises should identify minimum pay and conditions as operational costs like any other business.
For supported employees who are unable to work at full productive capacity due to their disability, there is a range of tools to assess pro-rata wages. While the Supported Wages System (SWS) is the accepted mechanism to assess pro-rata wages for people in the open employment market, identifying a fair and transparent mechanism for pro-rata wages in supported employment is not as straightforward. Audit teams that are reviewing this standard for supported employment services should refer to:
A Guide to Good Practice Wage Determination, a publication that provides relevant criteria, is available on the FaHCSIA website.
While the use of a particular pro-rata assessment tool is not prescribed as part of Standard 9, management of an Australian Disability Enterprise must be able to demonstrate the assessment of pro-rata wages meets the following conditions:
- the assessment is made in full consultation with the individual or, where the individual elects, in full consultation with a person nominated by the individual;
- individuals or their nominees must be provided with a document that sets out the outcome of the assessment, and the basis on which it is made; and
- individuals must be given the opportunity to have their assessment reviewed at least annually.
The Australian Disability Enterprise must also ensure that when people with a disability are placed in employment their conditions of employment are consistent with general workplace norms. These workplace norms include providing:
- safe and comfortable working environment that complies with relevant Occupational Health and Safety regulation and legislation;
- security of tenure in line with industry standard;
- a workplace free from harassment and discrimination; and
- ongoing performance feedback and appraisal.
Australian Disability Enterprises covered under the national workplace relations system should have regard to and can view the Supported Employment Services Award 2010 -on the Fair Work Ombudsman’s (FWO) website. Free advice or assistance on wages and conditions of employment can also be obtained by telephoning the FWO on 13 13 94, or by using the FWO’s live chat facility also available on the FWO’s website.
Any Australian Disability Enterprise that is not covered by the national workplace relations system should refer to the relevant state government department for information about the provisions in their workplace relations system.
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Policy and program context for Disability Employment Services providers
The intention of the Standard is to pay "real wages for real work".
All employment services should be identifying work opportunities for people with disability as part of their service practice that provide pay and conditions in accordance with legislative requirements.
Employment services, that are also employers, should identify minimum pay and conditions standards as operational costs like any other business.
The only pro-rata wage tool permitted for use in the open employment market is the Supported Wage System (SWS). When a pro-rata wage is paid:
- the assessment is made in full consultation with the individual or, where the individual elects, in full consultation with a person nominated by the individual;
- individuals or their nominees must be provided with a document that sets out the outcome of the assessment, and the basis on which it is made; and
- individuals must be given the opportunity to have their assessment reviewed at least annually.
The service must also ensure that when people with disability are placed in employment their conditions of employment are consistent with general workplace norms. These workplace norms include providing:
- safe and comfortable working environment that complies with OH&S regulations;
- security of tenure in line with industry standard;
- a workplace free from harassment and discrimination; and
- ongoing performance feedback and appraisal.
Services should also refer to Fair Work Australia rulings on wages for people with disability.
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