Mark Arbib (NSW, Australian Labor Party, Minister for Social Housing and Homelessness) Share this | Hansard source

I thank Senator Xenophon for his question and for his interest in this area. This is a government that has stood for jobs. We support jobs at all levels and believe in the dignity and great purpose of work. We believe all Australians should have access to employment, and that goes for people with a disability.

Australian Disability Enterprises give people with moderate to severe disability the chance to participate in work, to meet new friends and to become more financially independent. Australian Disability Enterprises are competitive businesses, partly funded by the Australian government and employing around 20,000 people. People with a disability who are working in Australian Disability Enterprises need high levels of support to do their jobs. Most of these workers would also be receiving some sort of social security payment, largely through the disability support pension.

I will give you a bit of history on the issue. When supported employment through Australian Disability Enterprises was brought into the industrial relations system in 2003 the Business Services Wage Assessment Tool was developed for use in Australian Disability Enterprises. Earlier this month, as Senator Xenophon mentioned, the Federal Court found that the tool was not discriminatory under the Disability Discrimination Act in its application to two employees in Australian Disability Enterprises. The Federal Court found that the determination of wage levels for employees in ADEs by a method involving assessment of competencies is appropriate. The Federal Court dismissed the case brought by these employees against the Australian Disability Enterprises they worked for and against the Commonwealth.

I should also make the point that this case went through the Australian Human Rights Commission before it reached the Federal Court. In handing down its decision the Federal Court noted that the Business Services Wage Assessment Tool has also been endorsed by the— (Time expired)