Disability decisions

Statutory minimum wages for employees with a disability

As part of its wage-setting function the Commission adjusts minimum wages, including special Federal Minimum Wages and Australian Pay and Classification Scale rates of pay, for employees with disability.

To help inform these decisions, the Commission has established a Disability Roundtable - an expert body of key stakeholders providing advice to the Commission on issues relating to the employment of people with disability.

The Commission has made a number of decisions designed to close gaps in minimum wage coverage for employees with disability and adjusted minimum wages for employees with disability to flow on annual general minimum wage increases. The flow chart below outlines the coverage of statutory minimum wages for employees with disability.

Minimum wage coverage for employees with disability

There are two types of employment where wages are specific to employees with disability:

• open employment; and

• Australian Disability Enterprises (formerly known as ‘business services’ and also known as ‘supported employment services’)[1]. 

Open employment

Open employment exists where employees with disability are engaged in the mainstream workforce and compete with fully productive employees in a commercial setting.

There are two sub-types of open employment:

• employees with a disability who are able to earn full adult, training or junior wages (with reasonable adjustment as appropriate1) as their disability does not impair their productive capacity; and

• employees with disability who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged because of the impact of their disability on their productive capacity. 

A consolidated version of the special Pay Scale and Commission decisions, click here. 

Australian Disability Enterprises

Australian Disability Enterprises are charitable not-for-profit organisations that provide employment for people with disability. Australian Disability Enterprises have traditionally operated outside of the federal and state systems of employment regulation through a lack of specific coverage (federal) or statutory exemption (state). Australian Disability Enterprises are subject to federal government funding and accreditation through the Disability Services Act 1986 and are required to meet specified standards.

A consolidated version of the special Pay Scale and Commission decisions, click here.


[1] In November 2008, as part of changes introduced as part of the Australian Government’s ‘National Mental Health and Disability Employment Strategy’, business services underwent a rebranding to be called ‘Australian Disability Enterprises’. The new name was launched along with a new logo and business directory. The changes were made in order to build commercial awareness and employment in the sector. More information about the changes can be found at the following link.