WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Shop, Distributive and Allied Employees’ Association of Western Australia and Burns Philp and Co Ltd and Others. No. 1171 of 1996. Licensed Establishments (Retail and Wholesale) Award 1979. No. R 23 of 1977. COMMISSIONER A.R. BEECH. 22 October 1996. Order. HAVING heard Mr W. Johnston on behalf of the Applicant and there being no appearance on behalf of the Respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders: THAT the Licensed Establishments (Retail and Whole- sale) Award 1979 be varied in accordance with the fol- lowing Schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after the 21st day of October 1996. (Sgd.) A. R. BEECH, [L.S] Commissioner. Schedule. 1. Clause 2.—Arrangement: Immediately after the number and words “40. Enterprise Level Award Change Procedure” insert the following: 41. Supported Wages Employees WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 76 W.A.I.G. 4688 2. Clause 40.—Enterprise Level Award Change Procedure: Immediately after this clause insert the following new clause: 41.—SUPPORTED WAGES EMPLOYEES (1) The clause defines the conditions which will apply to employees who, because of the effects of a disability, 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 Common- wealth 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 Common- wealth under the Supported Wage System to per- form assessments of an individual’s productive capacity within the Supported Wage System. (c) “Disability Support Pension” means the Common- wealth 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 per- son to be employed under the Supported Wage Sys- tem. (2) Eligibility Criteria (a) 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. (b) This 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. (c) 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 following schedule: Assessed % of Prescribed Capacity Award Rate (Sub-clause 4) 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 per week). * Where a person’s assessed capacity is 10 per cent, they shall receive a high degree of assistance and sup- port. (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; (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 conditions 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