The Supported Employment Services Award 2020 applies to organisations that have as their purpose providing employment to people with disabilities, who would not be able to perform roles to the same capacity as persons without a disability.
These organisations, known as “Australian Disability Enterprises” support disabled people who require assistance in obtaining and retaining employment.
The Supported Employment Services Award contains complicated provisions for determining the minimum wages of employees covered by the award, based on an assessment of the person’s productivity when performing their role, compared to a standard required to perform the role fully. The employee is then entitled to an appropriate % of the minimum pay rate based on their productivity in the role.
On 10 November 2022 the FWC issued a decision and a draft determination which makes significant amendments to the Award by:
- Introducing two new classification grades within the Award (Grades A and B) which involve lesser degrees of skill and responsibility and more basic duties than existing grades within the Award.
- Making modifications to the current Supported Wage System in the Award to make it the sole productivity assessment tool within the Award (there are currently a number of different productivity assessment tools that may be used under the Award).
It is proposed the new provisions will be phased in from 1 May 2023 onwards.
Interested parties are able to make further comments in relation to the FWC’s proposals by 5.00 pm on 30 November 2022.