State Wage Case Variation Schedule for CLE002
Document Type: Direction
Matter Number: A 32/1975
Matter Description: Application for new award - s.37
Industry:
Jurisdiction: Western Australian Industrial Relations Commission
Member/Magistrate name:
Delivery Date: 5 Aug 2025
Result:
Citation: 2025 WAIRC 00497
WAIG Reference:
2025 WAIRC 00497
Cleaners and Caretakers (Government) Award 1975
4. - WAGES
4.1. - MINIMUM ADULT AWARD WAGE
4.1.1 No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.
4.1.2 The minimum adult award wage for full-time employees aged 21 or more working under an award that provides for a 38-hour week is $953.00 per week.
The minimum adult award wage for full-time employees aged 21 or more working under awards that provide for other than a 38-hour week is calculated as follows: divide $953.00 by 38 and multiply by the number of ordinary hours prescribed for a full-time employee under the award.
The minimum adult award wage is payable from the beginning of the first pay period commencing on or after 1 July 2025.
4.1.3 The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case decisions.
4.1.4 Unless otherwise provided in this clause adults aged 21 or more employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by results, shall not be paid less than pro rata the minimum adult award wage according to the hours worked.
4.1.5 Employees under the age of 21 shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award (if applicable) to the minimum adult award wage, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.
4.1.6 The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or government approved work placement programs or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.
4.1.7 Liberty to apply is reserved in relation to any special category of employees not included here or otherwise in relation to the application of the minimum adult award wage.
4.1.8 Subject to this clause the minimum adult award wage shall –
(a) Apply to all work in ordinary hours.
(b) Apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.
4.1.9 Minimum Adult Award Wage
The rates of pay in this award include the minimum weekly wage for employees aged 21 or more payable under the 2025 State Wage order. Any increase arising from the insertion of the minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.
Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum wage.
4.1.10 Adult Apprentices
(a) Notwithstanding the provisions of this clause, the minimum adult apprentice wage for a full-time apprentice aged 21 years or more working under an award that provides for a 38-hour week is $791.30 per week.
(b) The minimum adult apprentice wage for a full-time apprentice aged 21 years or more working under an award that provides for other than a 38-hour week is calculated as follows: divide $791.30 by 38 and multiply by the number of ordinary hours prescribed for a full-time apprentice under the award.
(c) The minimum adult apprentice wage is payable from the beginning of the first pay period commencing on or after 1 July 2025.
(d) Adult apprentices aged 21 years or more employed on a part-time basis shall not be paid less than pro rata the minimum adult apprentice wage according to the hours worked.
(e) The rates paid in the paragraphs above to an apprentice 21 years of age or more are payable on superannuation and during any period of paid leave prescribed by this award.
(f) Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.
4.2. - RATES OF PAY
4.2.1 Subject to 4.2.3, the minimum weekly rate of wage payable to employees covered by this award shall be as per the provisions comprising:
(a) Part A – Wages Adjusted by Arbitrated Safety Net Adjustments; or
(b) Part B – Expired Industrial Agreement Wages;
whichever are the greater.
4.2.2 Subject to 4.2.3, the wage rates to apply for the purpose of the no-disadvantage test under the Industrial Relations Act 1979 shall be as per the provisions comprising:
(a) Part A – Wages Adjusted by Arbitrated Safety Net Adjustments; or
(b) Part B – Expired Industrial Agreement Wages;
whichever are the greater.
4.2.3 The rates contained in Part B – Expired Industrial Agreement Wages shall only apply to the employees and employers who are respondent to the Government Services (Miscellaneous) General Agreement 2005 (AG 7/05), as replaced from time to time.
PART A – WAGES ADJUSTED BY ARBRITRATED SAFETY NET ADJUSTMENTS
4.2.4 Subject to 4.2.1, 4.2.2 and 4.2.3, the weekly rate of wage payable to employees covered by this award, excluding those who are employed by the Department of Education and Training, shall be as follows.
Base
Rate
$
Arbitrated
Safety Net
Adjustments
$
Minimum
Award
Wage
$
Level One
Comprehends the following classes of work:
Attendant
Cleaner
1st year
370.10
618.90
989.00
2nd year
374.10
620.00
994.10
3rd year & thereafter
378.30
621.20
999.50
Level Two
Comprehends the following classes of work:
Home Economics Assistant
Car Park Attendant
Window Cleaner
1st year
377.30
621.00
998.30
2nd year
381.30
622.00
1003.30
3rd year & thereafter
385.10
623.10
1008.20
Level Three
Comprehends the following classes of work:
Caretaker
Estate Attendant (Homeswest) Grade 1
1st year
388.10
624.00
1012.10
2nd year
391.90
625.00
1016.90
3rd year & thereafter
395.80
626.10
1021.90
Level Four
Comprehends the following classes of work:
Estate Attendant (Homeswest) Grade 2
1st year
399.60
627.30
1026.90
2nd year
403.40
628.60
1032.00
3rd year & thereafter
407.30
629.60
1036.90
Level Five
Comprehends the following classes of work:
Janitor
Security Officer
1st year
404.10
628.70
1032.80
2nd year
408.10
629.80
1037.90
3rd year & thereafter
412.10
631.00
1043.10
Office Attendant (Homeswest)
1st year
395.70
626.10
1021.80
2nd year
403.50
628.60
1032.10
3rd year & thereafter
413.70
631.20
1044.90
Level Six
Comprehends the following classes of work:
Court Usher
1st year
417.80
638.40
1056.20
2nd year
423.00
640.10
1063.10
3rd year & thereafter
427.20
641.80
1069.00
Level Seven
Comprehends the following classes of work
Estate Attendant (Homeswest) Grade 3
Foreperson
1st year
430.40
643.00
1073.40
2nd year
434.30
644.40
1078.70
3rd year & thereafter
438.40
646.00
1084.40
4.2.5 Supervision allowance
Employees employed under 4.2.4, other than Forepersons and Estate Attendants Homeswest (Grade 2 and 3), placed in charge of others shall be paid the following weekly allowance in addition to the rate prescribed for their class of work:
$
1 to 5 employees
7.11
6 to 10 employees
12.65
11 to 15 employees
15.81
16 to 20 employees
21.82
Over 20 (for each additional employee)
0.24
The rates of pay in 4.2.4 include arbitrated safety net adjustments available since December 1993, under the Arbitrated Safety Net Adjustment Principle.
These arbitrated safety net adjustments may be offset against any equivalent amount in the rate of pay received by employees since 1 November 1991 above the rate prescribed in 4.2.4, except where such absorption is contrary to the terms of an industrial agreement.
Increases in rates of pay otherwise made under the State Wage Case Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.
4.2.6 Subject to 4.2.1, 4.2.2 and 4.2.3, the weekly rate of wage payable to employees covered by this award who are employed by the Department of Education and Training shall be as follows.
Base
Rate
$
Arbitrated
Safety Net
Adjustments
$
Minimum
Award
Wage
$
Level One
Comprehends the following classes of work:
Cleaner for initial 12 months of employment
370.10
618.90
989.00
Level Two
Comprehends the following classes of work:
Cleaner
1st year
374.10
620.00
994.10
2nd year
377.40
621.00
998.40
3rd year & thereafter
380.60
621.90
1002.50
Level Three
Comprehends the following classes of work:
Cleaner in Charge (of one to six employees inclusive)
Home Economics Assistant
1st year
381.00
622.00
1003.00
2nd year
385.00
623.10
1008.10
3rd year & thereafter
389.20
624.40
1013.60
Level Four
Comprehends the following classes of work:
Cleaner in Charge (of seven to ten employees inclusive)
Caretaker of Schools (employing seven to ten employees inclusive)
1st year
390.20
624.60
1014.80
2nd year
393.80
625.90
1019.70
3rd year and thereafter
398.00
626.80
1024.80
Level Five
Comprehends the following classes of work:
Cleaner in charge (of eleven or more employees)
Caretaker of Schools (employing eleven or more employees)
1st year
402.20
628.10
1030.30
2nd year
406.00
629.10
1035.10
3rd year & thereafter
409.90
630.20
1040.10
Level Six
Comprehends the following classes of work:
Cleaner in Charge of TAFE Campuses
Foreperson (Cleaning)
1st year
433.30
644.10
1077.40
2nd year
438.60
646.10
1084.70
3rd year & thereafter
442.90
647.60
1090.50
4.2.7 The rates of pay in 4.2.6 include arbitrated safety net adjustments available since December 1993, under the Arbitrated Safety Net Adjustment Principle.
These arbitrated safety net adjustments may be offset against any equivalent amount in the rate of pay received by employees since 1 November 1991 above the rate prescribed in 4.2.6, except where such absorption is contrary to the terms of an industrial agreement.
Increases in rates of pay otherwise made under the State Wage Case Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.
4.3. - SUPPORTED WAGE SYSTEM
4.3.1 Workers eligible for a supported wage
The provisions of 4.3 – Supported Wage System define the conditions that will apply to employees who, because of the effects of a disability, are eligible for a supported wage under the terms of the award. In the context of 4.3, the following definitions will apply:
(a) "Supported Wage System" means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in "Supported Wage System: Guidelines and Assessment Process".
(b) "Accredited assessor" means a person accredited by the management unit established by the Commonwealth Government under the Supported Wage System to perform assessment of an individual's productive capacity within the Supported Wage System.
(c) "Disability Support Pension" means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.
(d) "Assessment instrument" means the form provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.
4.3.2 Eligibility criteria
(a) Employees covered by 4.3 will be those 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 under the award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a Disability Support Pension.
(b) The provisions of 4.3 do not apply to any existing employee who has a claim against the employer, which is subject to the provisions of workers' compensation legislation, or any provision of the award relating to the rehabilitation of employees who are injured in the course of their current employment.
(c) The provisions of 4.3 also do not apply to employers in respect of their facility, programme, undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or eligible for a Disability Support Pension, except with respect to an organisation which has received recognition under s 10 or s 12A of the Act, or if a part only has received recognition, that part.
4.3.3 Supported wage rates
(a) Employees to whom 4.3 applies shall be paid the applicable percentage of the minimum rate of pay prescribed by the award for the class of work for which the person is performing according to the following schedule:
Assessed capacity (per 4.3.4)
% of applicable award rate
10%*
10%
20%
20%
30%
30%
40%
40%
50%
50%
60%
60%
70%
70%
80%
80%
90%
90%
(Provided that the minimum amount payable shall be not less than $109 per week).
* Where an employee's assessed capacity is 10%, they shall receive a high degree of assistance and support.
4.3.4 Assessment of capacity
For the purpose of establishing the percentage of the award rate to be paid to the employees, the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument by either:
(a) the employer and the union, in consultation with the employee, or if desired by any of these; or
(b) the employer and an accredited assessor from a panel agreed by the parties to the award and the employee.
4.3.5 Lodgement of assessment instruments
(a) All assessment instruments under the conditions of 4.3, including the appropriate percentage of the award wage rate to be paid to the employee, shall be lodged by the employer with the Registrar of the WAIRC.
(b) All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where the union is not a party to the assessment, it shall be referred by the Registrar to the union by certified mail and shall take effect unless an objection is notified to the Registrar within 10 working days.
4.3.6 Review of assessment
The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review shall be in accordance with the procedures for assessing capacity under the Supported Wage System.
4.3.7 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Employees covered by the provisions of 4.3 will be entitled to the same terms and conditions of employment as all other employees covered by the award paid on a pro rata basis.
4.3.8 Workplace adjustment
An employer wishing to employ a person under the provisions of 4.3 shall take reasonable steps to make changes in the workplace to enhance the employee's capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other employees in the area.
4.3.9 Trial period
(a) In order for an adequate assessment of the employee's capacity to be made, an employer may employ a person under the provisions of 4.3 for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.
(b) During the trial period, the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.
(c) The minimum amount payable to the employee during the trial period shall be not less than $109 per week.
(d) Work trials should include induction or training as appropriate to the job being trialled.
(e) Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under 4.3.4.
Cleaners and Caretakers (Government) Award 1975
4. - WAGES
4.1. - MINIMUM ADULT AWARD WAGE
4.1.1 No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.
4.1.2 The minimum adult award wage for full-time employees aged 21 or more working under an award that provides for a 38-hour week is $953.00 per week.
The minimum adult award wage for full-time employees aged 21 or more working under awards that provide for other than a 38-hour week is calculated as follows: divide $953.00 by 38 and multiply by the number of ordinary hours prescribed for a full-time employee under the award.
The minimum adult award wage is payable from the beginning of the first pay period commencing on or after 1 July 2025.
4.1.3 The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case decisions.
4.1.4 Unless otherwise provided in this clause adults aged 21 or more employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by results, shall not be paid less than pro rata the minimum adult award wage according to the hours worked.
4.1.5 Employees under the age of 21 shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award (if applicable) to the minimum adult award wage, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.
4.1.6 The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or government approved work placement programs or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.
4.1.7 Liberty to apply is reserved in relation to any special category of employees not included here or otherwise in relation to the application of the minimum adult award wage.
4.1.8 Subject to this clause the minimum adult award wage shall –
(a) Apply to all work in ordinary hours.
(b) Apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.
4.1.9 Minimum Adult Award Wage
The rates of pay in this award include the minimum weekly wage for employees aged 21 or more payable under the 2025 State Wage order. Any increase arising from the insertion of the minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.
Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum wage.
4.1.10 Adult Apprentices
(a) Notwithstanding the provisions of this clause, the minimum adult apprentice wage for a full-time apprentice aged 21 years or more working under an award that provides for a 38-hour week is $791.30 per week.
(b) The minimum adult apprentice wage for a full-time apprentice aged 21 years or more working under an award that provides for other than a 38-hour week is calculated as follows: divide $791.30 by 38 and multiply by the number of ordinary hours prescribed for a full-time apprentice under the award.
(c) The minimum adult apprentice wage is payable from the beginning of the first pay period commencing on or after 1 July 2025.
(d) Adult apprentices aged 21 years or more employed on a part-time basis shall not be paid less than pro rata the minimum adult apprentice wage according to the hours worked.
(e) The rates paid in the paragraphs above to an apprentice 21 years of age or more are payable on superannuation and during any period of paid leave prescribed by this award.
(f) Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.
4.2. - RATES OF PAY
4.2.1 Subject to 4.2.3, the minimum weekly rate of wage payable to employees covered by this award shall be as per the provisions comprising:
(a) Part A – Wages Adjusted by Arbitrated Safety Net Adjustments; or
(b) Part B – Expired Industrial Agreement Wages;
whichever are the greater.
4.2.2 Subject to 4.2.3, the wage rates to apply for the purpose of the no-disadvantage test under the Industrial Relations Act 1979 shall be as per the provisions comprising:
(a) Part A – Wages Adjusted by Arbitrated Safety Net Adjustments; or
(b) Part B – Expired Industrial Agreement Wages;
whichever are the greater.
4.2.3 The rates contained in Part B – Expired Industrial Agreement Wages shall only apply to the employees and employers who are respondent to the Government Services (Miscellaneous) General Agreement 2005 (AG 7/05), as replaced from time to time.
PART A – WAGES ADJUSTED BY ARBRITRATED SAFETY NET ADJUSTMENTS
4.2.4 Subject to 4.2.1, 4.2.2 and 4.2.3, the weekly rate of wage payable to employees covered by this award, excluding those who are employed by the Department of Education and Training, shall be as follows.
Base
Rate
$
Arbitrated
Safety Net
Adjustments
$
Minimum
Award
Wage
$
Level One
Comprehends the following classes of work:
Attendant
Cleaner
1st year
370.10
618.90
989.00
2nd year
374.10
620.00
994.10
3rd year & thereafter
378.30
621.20
999.50
Level Two
Comprehends the following classes of work:
Home Economics Assistant
Car Park Attendant
Window Cleaner
1st year
377.30
621.00
998.30
2nd year
381.30
622.00
1003.30
3rd year & thereafter
385.10
623.10
1008.20
Level Three
Comprehends the following classes of work:
Caretaker
Estate Attendant (Homeswest) Grade 1
1st year
388.10
624.00
1012.10
2nd year
391.90
625.00
1016.90
3rd year & thereafter
395.80
626.10
1021.90
Level Four
Comprehends the following classes of work:
Estate Attendant (Homeswest) Grade 2
1st year
399.60
627.30
1026.90
2nd year
403.40
628.60
1032.00
3rd year & thereafter
407.30
629.60
1036.90
Level Five
Comprehends the following classes of work:
Janitor
Security Officer
1st year
404.10
628.70
1032.80
2nd year
408.10
629.80
1037.90
3rd year & thereafter
412.10
631.00
1043.10
Office Attendant (Homeswest)
1st year
395.70
626.10
1021.80
2nd year
403.50
628.60
1032.10
3rd year & thereafter
413.70
631.20
1044.90
Level Six
Comprehends the following classes of work:
Court Usher
1st year
417.80
638.40
1056.20
2nd year
423.00
640.10
1063.10
3rd year & thereafter
427.20
641.80
1069.00
Level Seven
Comprehends the following classes of work
Estate Attendant (Homeswest) Grade 3
Foreperson
1st year
430.40
643.00
1073.40
2nd year
434.30
644.40
1078.70
3rd year & thereafter
438.40
646.00
1084.40
4.2.5 Supervision allowance
Employees employed under 4.2.4, other than Forepersons and Estate Attendants Homeswest (Grade 2 and 3), placed in charge of others shall be paid the following weekly allowance in addition to the rate prescribed for their class of work:
$
1 to 5 employees
7.11
6 to 10 employees
12.65
11 to 15 employees
15.81
16 to 20 employees
21.82
Over 20 (for each additional employee)
0.24
The rates of pay in 4.2.4 include arbitrated safety net adjustments available since December 1993, under the Arbitrated Safety Net Adjustment Principle.
These arbitrated safety net adjustments may be offset against any equivalent amount in the rate of pay received by employees since 1 November 1991 above the rate prescribed in 4.2.4, except where such absorption is contrary to the terms of an industrial agreement.
Increases in rates of pay otherwise made under the State Wage Case Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.
4.2.6 Subject to 4.2.1, 4.2.2 and 4.2.3, the weekly rate of wage payable to employees covered by this award who are employed by the Department of Education and Training shall be as follows.
Base
Rate
$
Arbitrated
Safety Net
Adjustments
$
Minimum
Award
Wage
$
Level One
Comprehends the following classes of work:
Cleaner for initial 12 months of employment
370.10
618.90
989.00
Level Two
Comprehends the following classes of work:
Cleaner
1st year
374.10
620.00
994.10
2nd year
377.40
621.00
998.40
3rd year & thereafter
380.60
621.90
1002.50
Level Three
Comprehends the following classes of work:
Cleaner in Charge (of one to six employees inclusive)
Home Economics Assistant
1st year
381.00
622.00
1003.00
2nd year
385.00
623.10
1008.10
3rd year & thereafter
389.20
624.40
1013.60
Level Four
Comprehends the following classes of work:
Cleaner in Charge (of seven to ten employees inclusive)
Caretaker of Schools (employing seven to ten employees inclusive)
1st year
390.20
624.60
1014.80
2nd year
393.80
625.90
1019.70
3rd year and thereafter
398.00
626.80
1024.80
Level Five
Comprehends the following classes of work:
Cleaner in charge (of eleven or more employees)
Caretaker of Schools (employing eleven or more employees)
1st year
402.20
628.10
1030.30
2nd year
406.00
629.10
1035.10
3rd year & thereafter
409.90
630.20
1040.10
Level Six
Comprehends the following classes of work:
Cleaner in Charge of TAFE Campuses
Foreperson (Cleaning)
1st year
433.30
644.10
1077.40
2nd year
438.60
646.10
1084.70
3rd year & thereafter
442.90
647.60
1090.50
4.2.7 The rates of pay in 4.2.6 include arbitrated safety net adjustments available since December 1993, under the Arbitrated Safety Net Adjustment Principle.
These arbitrated safety net adjustments may be offset against any equivalent amount in the rate of pay received by employees since 1 November 1991 above the rate prescribed in 4.2.6, except where such absorption is contrary to the terms of an industrial agreement.
Increases in rates of pay otherwise made under the State Wage Case Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.
4.3. - SUPPORTED WAGE SYSTEM
4.3.1 Workers eligible for a supported wage
The provisions of 4.3 – Supported Wage System define the conditions that will apply to employees who, because of the effects of a disability, are eligible for a supported wage under the terms of the award. In the context of 4.3, the following definitions will apply:
(a) "Supported Wage System" means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in "Supported Wage System: Guidelines and Assessment Process".
(b) "Accredited assessor" means a person accredited by the management unit established by the Commonwealth Government under the Supported Wage System to perform assessment of an individual's productive capacity within the Supported Wage System.
(c) "Disability Support Pension" means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.
(d) "Assessment instrument" means the form provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.
4.3.2 Eligibility criteria
(a) Employees covered by 4.3 will be those 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 under the award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a Disability Support Pension.
(b) The provisions of 4.3 do not apply to any existing employee who has a claim against the employer, which is subject to the provisions of workers' compensation legislation, or any provision of the award relating to the rehabilitation of employees who are injured in the course of their current employment.
(c) The provisions of 4.3 also do not apply to employers in respect of their facility, programme, undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or eligible for a Disability Support Pension, except with respect to an organisation which has received recognition under s 10 or s 12A of the Act, or if a part only has received recognition, that part.
4.3.3 Supported wage rates
(a) Employees to whom 4.3 applies shall be paid the applicable percentage of the minimum rate of pay prescribed by the award for the class of work for which the person is performing according to the following schedule:
Assessed capacity (per 4.3.4)
% of applicable award rate
10%*
10%
20%
20%
30%
30%
40%
40%
50%
50%
60%
60%
70%
70%
80%
80%
90%
90%
(Provided that the minimum amount payable shall be not less than $109 per week).
* Where an employee's assessed capacity is 10%, they shall receive a high degree of assistance and support.
4.3.4 Assessment of capacity
For the purpose of establishing the percentage of the award rate to be paid to the employees, the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument by either:
(a) the employer and the union, in consultation with the employee, or if desired by any of these; or
(b) the employer and an accredited assessor from a panel agreed by the parties to the award and the employee.
4.3.5 Lodgement of assessment instruments
(a) All assessment instruments under the conditions of 4.3, including the appropriate percentage of the award wage rate to be paid to the employee, shall be lodged by the employer with the Registrar of the WAIRC.
(b) All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where the union is not a party to the assessment, it shall be referred by the Registrar to the union by certified mail and shall take effect unless an objection is notified to the Registrar within 10 working days.
4.3.6 Review of assessment
The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review shall be in accordance with the procedures for assessing capacity under the Supported Wage System.
4.3.7 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Employees covered by the provisions of 4.3 will be entitled to the same terms and conditions of employment as all other employees covered by the award paid on a pro rata basis.
4.3.8 Workplace adjustment
An employer wishing to employ a person under the provisions of 4.3 shall take reasonable steps to make changes in the workplace to enhance the employee's capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other employees in the area.
4.3.9 Trial period
(a) In order for an adequate assessment of the employee's capacity to be made, an employer may employ a person under the provisions of 4.3 for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.
(b) During the trial period, the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.
(c) The minimum amount payable to the employee during the trial period shall be not less than $109 per week.
(d) Work trials should include induction or training as appropriate to the job being trialled.
(e) Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under 4.3.4.