Australian Disability Enterprises

Minimum wage framework for employees with disability employed in Australian Disability Enterprises

Covered by a preserved Pay Scale
Employees with disability (as defined by the Workplace Relations Act 1996) covered by a preserved Pay Scale have their statutory minimum wages set and adjusted by that preserved Pay Scale. Many employees with disability employed in the Australian Disability Enterprises sector may be covered by either:

  • the preserved Pay Scale derived from the Liquor, Hospitality and Miscellaneous Union Supported Employment Services Award 2005 (LHMU Pay Scale); or
  • another preserved Pay Scale such as a preserved Pay Scale derived from Special Wage Permits issued by state industrial registrars prior to 27 March 2006. These preserved Pay Scales continue in effect after 27 March 2006.

The Commission’s general Wage-Setting Decisions adjust all minimum Pay Scale rates of pay.

To see Commission decisions/decision extracts that have adjusted the LHMU Pay Scale click here.

Not covered by a preserved Pay Scale
In its first general Wage-Setting Decision 2006, the Australian Fair Pay Commission determined a new special Pay Scale to cover all employees in the Australian Disability Enterprises sector not otherwise covered by a preserved Pay Scale. These employees statutory minimum wages set and adjusted by the:

  • Special Business Services (Employees with a disability) Australian Pay and Classification Scale, [2007] APCS 2 (Business Services Pay Scale)[1]

The Business Services Pay Scale provides pro rata minimum wages to employees with a disability employed in the Australian Disability Enterprises sector who are not otherwise covered by a preserved Pay Scale. This mechanism mirrors the minimum wage framework set out in the LHMU Pay Scale.

For a consolidated interpretation of the current Special Business Services Pay Scale, click here.
 
To see the Commission's decision/decision extracts that created and adjust Special Business Services, click here.
 
 

[1] At the time of the creation of this instrument, Australian Disability Enterprises were referred to as Business Services. The instrument continues to cover applicable employees in what are now referred to as Australian Disability Enterprises.

 

 

Special Business Services Pay Scale

The Special Business Services Pay Scale sets out a mechanism for calculation of pro rata minimum wages for employees in the Australian Disability Enterprises sector based on an employee’s productive capacity as follows:

i. upon appointment, the employee’s employer grades the employee at one of seven different grades, having regard to the employee’s skills, experience and qualifications. The grading descriptions are set out in Schedule 4 to the Special Business Services Pay Scale.2

ii. the employee’s capacity is assessed using a recognised wage assessment tool to determine the employee’s capacity percentage.

iii. the capacity percentage figure is applied to the rate of pay for the relevant grading (from step 1) in clause 6.4 of the Special Business Services Pay Scale.

This mechanism mirrors the minimum wage framework set out in the preserved Pay Scale derived from the LHMU Award.