WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Shop, Distributive and Allied Employees’ Association of Western Australia and Myer Stores Limited and Others. No. 234 of 1996. The Shop and Warehouse (Wholesale and Retail Establishments) State Award 1977 No. R 32 of 1976. COMMISSIONER R.H. GIFFORD. 10 May 1996. Order. HAVING heard Mr W. Johnston on behalf of the Applicant and Mr C. Keys on behalf of the Respondents, and by con- sent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders: THAT the Shop and Warehouse (Wholesale and Retail Establishments) State Award 1977 be varied in accord- ance with the following Schedule and that such variation shall have effect from the beginning of the first pay pe- riod commencing on or after the 23rd day of April 1996. (Sgd.) R.H. GIFFORD, [L.S] Commissioner. Schedule. 1. Clause 2.—Arrangement. Delete the number and title “24. Under-Rate Workers” and insert in lieu thereof the following: 24. Supported Wages Employees 2. Clause 24.—Under-Rate Workers. Delete this Clause and insert in lieu thereof the following: 24.—SUPPORTED WAGES EMPLOYEES (1) This Clause defines the conditions which will apply to employees who because of the effects of a dis- ability are eligible for a supported wage under the terms of this Award. In the context of this clause, the following definitions will apply: (a) “Supported Wage System” means the Com- monwealth 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 accred- ited by the management unit established by the Commonwealth under the Supported Wage System to perform assessments of an individu- al’s productive capacity within the Supported Wage System. (c) “Disability Support Pension” means the Com- monwealth pension scheme to provide income security for persons with a disability as pro- vided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme. (d) “Assessment Instrument” means the form pro- vided 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. (2) Eligibility Criteria Employees covered by this Clause will be those who are unable to perform the range of duties to the com- petence level required within the class of work for which the employee is engaged under this Award, because of the effects of a disability on their produc- tive capacity and who meet the impairment criteria for receipt of a Disability Support Pension. (The Clause does not apply to any existing employee who has a claim against the employer which is sub- ject to the provisions of workers’ compensation leg- islation or any provision of this Award relating to the rehabilitation of employees who are injured in the course of their current employment.) The Award does not apply to employers in respect of their facility, program, undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of serv- ice provider and sheltered employer to people with disabilities who are in receipt of or are eligible for a disability support pension, except with respect to an organisation which has received recognition under Section 10 or Section 12A of the Act, or if a part only has received recognition, that part. (3) Supported Wage Rates Employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this Award for the class of work which the person is performing according to the fol- lowing schedule: Assessed Capacity % of Prescribed (Subclause (4)) 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 not be less than $45.00 per week.) * Where a person’s assessed capacity is 10 per cent, they shall receive a high degree of as- sistance and support. (4) Assessment of Capacity For the purpose of establishing the percentage of the Award rate to be paid to an employee under this Award, 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; and WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2007 76 W.A.I.G. (b) the employer and an accredited assessor from a panel agreed by the parties to the Award and the employee. (5) Lodgement of Assessment Instrument (a) All assessment instruments under the condi- tions of this clause, including the appropriate percentage of the Award wage to be paid to the employee, shall be lodged by the employer with the Registrar of the