Higher Education Industry-General Staff-Award 2010 - Business SA

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Higher Education Industry—General Staff—Award 2010Assessed capacity (clause D.5) Relevant minimum wage% %10 1020 2030 3040 4050 5060 6070 7080 8090 90D.4.2D.4.3Provided that the minimum amount payable must be not less than $73 per week.Where an employee’s assessed capacity is 10%, they must receive a high degree ofassistance and support.D.5 Assessment of capacityD.5.1D.5.2For the purpose of establishing the percentage of the relevant minimum wage, theproductive capacity of the employee will be assessed in accordance with theSupported Wage System by an approved assessor, having consulted the employerand employee and, if the employee so desires, a union which the employee is eligibleto join.All assessments made under this schedule must be documented in an SWS wageassessment agreement, and retained by the employer as a time and wages record inaccordance with the Act.D.6 Lodgement of SWS wage assessment agreementD.6.1D.6.2All SWS wage assessment agreements under the conditions of this schedule,including the appropriate percentage of the relevant minimum wage to be paid to theemployee, must be lodged by the employer with Fair Work Australia.All SWS wage assessment agreements must be agreed and signed by the employeeand employer parties to the assessment. Where a union which has an interest in theaward is not a party to the assessment, the assessment will be referred by Fair WorkAustralia to the union by certified mail and the agreement will take effect unless anobjection is notified to Fair Work Australia within 10 working days.D.7 Review of assessmentThe assessment of the applicable percentage should be subject to annual or more frequentreview on the basis of a reasonable request for such a review. The process of review must bein accordance with the procedures for assessing capacity under the supported wage system.60 MA000007
Higher Education Industry—General Staff—Award 2010D.8 Other terms and conditions of employmentWhere an assessment has been made, the applicable percentage will apply to the relevantminimum wage only. Employees covered by the provisions of this schedule will be entitled tothe same terms and conditions of employment as other workers covered by this award on apro rata basis.D.9 Workplace adjustmentAn employer wishing to employ a person under the provisions of this schedule must takereasonable steps to make changes in the workplace to enhance the employee’s capacity to dothe job. Changes may involve re-design of job duties, working time arrangements and workorganisation in consultation with other workers in the area.D.10 Trial periodD.10.1 In order for an adequate assessment of the employee’s capacity to be made, anemployer may employ a person under the provisions of this schedule for a trialperiod not exceeding 12 weeks, except that in some cases additional work adjustmenttime (not exceeding four weeks) may be needed.D.10.2 During that trial period the assessment of capacity will be undertaken and thepercentage of the relevant minimum wage for a continuing employment relationshipwill be determined.D.10.3 The minimum amount payable to the employee during the trial period must be noless than $73 per week.D.10.4 Work trials should include induction or training as appropriate to the job beingtrialled.D.10.5 Where the employer and employee wish to establish a continuing employmentrelationship following the completion of the trial period, a further contract ofemployment will be entered into based on the outcome of assessment under D.5—Assessment of capacity.MA000007 61
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Higher Education Industry-General Staff-Award 2010 - Business SA

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