Supported Wage System (SWS) Policy

Intent

This Policy has been established to promote the employment of individuals who cannot work at the same capacity as any other employee due to a disability, through the Australian Government’s Supported Wage System (SWS).

This Policy must be read in conjunction with the Supported Wage System in Open Employment Handbook, which sets out the procedures and requirements of all parties involved in negotiating and implementing a SWS Wage Assessment Agreement.

Scope

This Policy applies to all eligible (as defined by the Supported Wage System in Open Employment Handbook) JCU Australia Staff Members, including prospective Staff Members. This Policy does not apply to the Singapore and Brisbane campuses.

Definitions

Except where otherwise defined in this policy, definitions for terms used in this policy are located in the Human Resources Policy Glossary.

Approved Assessor – a person selected by the National Panel of Assessors established  as part of the Department of Social Services to perform assessments of an individual’s productive capacity within the Supported Wage System.

Assessment Instrument – the tool provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the system.

Disability Support Pension – the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme.

Relevant Minimum Wage - means the minimum wage prescribed in the Supported Wages System Award for the class of work for which the employee is engaged.

Supported Wage System (SWS) – means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability.

Supported Wage System (SWS) Wage Assessment Agreement – means the document that records the Staff Member’s productive capacity and agreed wage.

Policy

1. The Supported Wage System (SWS) provides a process for reliable and independent work productivity assessments to enable people whose work productivity is reduced as a result of their disability, to obtain employment. Many people with disability obtain employment in the open labour force at full award wages but for some people, the nature of their disability can significantly affect their productive capacity.

2. JCU will adhere to the key principles and procedures of the SWS as set out in the Supported Wage System in Open Employment Handbook, in order to create an environment where all Staff Members have an opportunity to develop their unique abilities and realise their potential.

3. Eligibility for the SWS does not guarantee that an individual will be approved to participate in the SWS. The productivity capacity for the SWS can only be determined through assessment of the performance of a particular individual in a particular job by an Approved Assessor. JCU will work with eligible Staff Members (and prospective Staff Members) and the Approved Assessor to facilitate mutually beneficial participation in the SWS.

4. Upon satisfactory completion of the Wage Assessment trial period, ongoing employment that aligns with the Work Unit’s resourcing requirements may be offered to the Staff Member without advertisement.

5. The Work Unit employing a Staff Member under the SWS is required to make reasonable adjustments to the workplace to enhance the Staff Member’s capacity to carry out the duties of the job effectively. Adjustments made are reimbursed by the Commonwealth Government.

6. All assessments must be documented in the Wage Assessment Agreement and retained by JCU as a time and wages record in accordance with the Fair Work Act.

7. JCU must lodge all completed Wage Assessment Agreements with the Fair Work Commission.

8. If a union representative was not party to the Wage Assessment Agreement, JCU will forward a copy of the Wage Assessment Agreement to the relevant union.

9. Entitlements:

9.1 During the trial period, the wage paid to the Staff Member or prospective Staff Member will be an agreed rate negotiated between the Staff Member or prospective Staff Member (or their nominee) and JCU. The agreed amount must be no less than the Relevant Minimum Wage at that time.

9.2 When the Assessment Productivity Percentage, or Wage Assessment, has been calculated and the SWS Wage Assessment Agreement is completed (i.e. signed by all parties), the Staff Member will be paid at the wage rate specified in that agreement from the date of the final signatory.

9.3 Staff Members employed by JCU under the SWS retain the same employment conditions as Staff Members employed under the JCU Enterprise Agreement.

9.4 Superannuation will be paid in accordance with the Superannuation Guarantee Contribution rate.

9.5 Staff Members employed by JCU under the SWS will be paid the Assessment Productivity Percentage of the minimum rate for the grade level of the position they occupy, provided that amount is not less than the Relevant Minimum Wage.

Related policy instruments

James Cook University Enterprise Agreement

Supported Wage System in Open Employment Handbook

Schedules/Appendices

Nil

Related documents and legislation

Anti-Discrimination Act 1991 (Qld)

Australian Human Rights and Equal Opportunity Commission Act 1986 (Cth)

Disability Discrimination Act 1992 (Cth)

Fair Work Act 2009 (Cth)

Supported Employment Services Award (MA000103)

Job Access Supported Wage System website

Administration

NOTE: Printed copies of this policy are uncontrolled, and currency can only be assured at the time of printing.

Approval Details

Revision History