S7.1 A staff member who:
- is unable to perform the range of duties to the competence level required within the class of work for which the staff member is engaged, as defined by the ANU Officer levels, because of the effects of a disability on their productive capacity; and
- meets the impairment criteria for receipt of a Disability Support Pension
may be employed in accordance with the provisions of this clause.
S7.2 This clause does not apply to:
- an existing staff member who has a claim against the University which is subject to the provisions of workers' compensation legislation; or
- any provision of this Agreement relating to the rehabilitation of staff members who are injured in the course of their current employment.
S7.3 For the purposes of this clause, the following definitions will apply:
- '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";
- 'Accredited Assessor' means a person accredited by the management unit established by the Commonwealth under the Supported Wage System to perform assessments of an individual's productive capacity within the supported wage system;
- '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;
- '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.
S7.4 A staff member to whom this clause applies will be paid in accordance with Schedules 1 - 3.
S7.5 For the purpose of establishing the percentage of the salary rate to be paid to a staff member, the productive capacity of the staff member will be assessed in accordance with the supported wage system and documented in an assessment instrument by either:
- the University and the unions party to this Agreement, in consultation with the staff member; or
- the University and an accredited assessor from a panel agreed by the parties to this Agreement and the staff member.
S7.6 The assessment instrument, including the percentage of the salary rate to be paid to the staff member, will be lodged by the University in accordance with current legislative requirements.
S7.7 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 will be in accordance with the procedures for assessment capacity under the supported wage system.
S7.8 Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Staff members covered by the provisions of this clause shall be entitled, on a pro-rata basis, to the same terms and conditions of employment as all other staff members covered by this Agreement.
S7.9 The University, when wishing to employ a person under the provisions of this clause, will take reasonable steps to make changes in the workplace to enhance the staff member's capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other staff in the area.
S7.10 Trial period
S7.10.1 In order to make an adequate assessment of the staff member's capacity, the University may employ a person under the provisions of this clause for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.
S7.10.2 During that trial period the assessment of capacity will be undertaken and the proposed wage rate for a standard employment relationship shall be determined.
S7.10.3 The amount payable to the staff member during the trial period will be not less than 10% of the prescribed salary rate.