Wage Justice Campaign

Wage Justice Campaign

Posted by Phillip Camela.

In 2018 fair and equitable wage determination will remain one of the key strategic issues for Wage Justice Australia. The Fair Work Commission (FWC) is reviewing the Supported Employment Services Award (SESA) which is the award under which supported employees working in ADEs have their wages assessed and set.  

AED Legal Centre, United Voice and the HSU have been arguing a case for better wages for supported employees working at ADEs at the 4 yearly award review by the FWC in Sydney. This has involved many of hours of hard work drafting documents and submissions in preparation for attendances at the hearings. Well done team and let's hope we get a good outcome!

Photo: Left to right - Kairsty Wilson (AED), Malcolm Harding (Barrister), Paul Cain (Inclusion Australia), Rachel Liebhaber (HSU), Courtney Davies (AED) and Samantha French (PWDA) at the Fair Work Commission.

Phillip Camela Posted by Phillip Camela.
Wage Justice Campaign video

Wage Justice Campaign video

Posted by Phillip Camela.

This is a short YouTube video about the need for fair and equitable wages in Australian Disability Enterprises (ADEs).

Please Share with your friends and family.

Phillip Camela Posted by Phillip Camela.
AED turns 10 this year

AED turns 10 this year

Posted by Phillip Camela.

It seems just like yesterday but on July 1 this year AED will be 10 years old. 

In the months ahead the AED Committee, management, staff and volunteers will be given an opportunity to bring forward ideas on how we should celebrate this very important occasion.

Clients of the service will also be involved in this process as well as advocacy agencies we closely work with.

So stay tuned and watch this space!

Phillip Camela Posted by Phillip Camela.
The future of supported employment

The future of supported employment

Posted by Phillip Camela.

Social Services Minister Christian Porter and Assistant Minister for Social Services and Disability Services Jane Prentice have released a discussion paper on The future of supported employment.

More information about the discussion paper is available here:

Consultation period

7 December 2017 - 9:00 am to 9 March 2018 - 5:00 pm

The Department of Social Services is running eight half day workshops to consult with people with disability, the sector and other key stakeholders on the future of supported employment.

City Date Time
Hobart Wednesday 21 February 2018 10am – 2pm
Melbourne Thursday 22 February 2018 10am – 2pm
Sydney Tuesday 27 February 2018 10am – 2pm
Brisbane Thursday 1 March 2018 10am – 2pm
Adelaide Monday 5 March 2018 10am – 2pm
Perth Tuesday 6 March 2018 10am – 2pm


If you are interested in attending a workshop please Register your interest by 9 February 2018.



Phillip Camela Posted by Phillip Camela.
Annual General Meeting 2016/17

Annual General Meeting 2016/17

Posted by Phillip Camela.

On Tuesday 17 October 2017 AED held its AGM at the Office of the Public Advocate.

During the meeting the Chairperson - Gaetano Ravida, Erwin Ng on behalf of the Treasurer Jeffrey Au and Legal Manager - Kairsty Wilson tabled their reports which were unanimously accepted.

One of the most remarkable facts about the 2016/17 financial year when compared to the 2015 /16 financial year, is that AED has significantly improved its financial position from a deficit of $ $26,050 to a surplus of $18,461. This very positive result has been achieved through the crisis intervention plan that the AED Committee took in January 2016 where employment expenses were curtailed as well as additional revenue due to funding for legal advice under the BSWAT Payment Scheme and the $117,000 grant to run the NDIS Appeals Program.

The Legal Manager - Kairsty Wilson said that  the 2016/17 financial year had been characterised by some very positive developments, including: diversification  and growth in service delivery, a significant improvement in AED's financial position, the employment of a Human Rights Lawyer and an upgrade of our IT infrastructure.

She added that: "Fair and equitable wage determination remains one of our key strategic issues. As well as individual casework we have worked on systemic projects requiring collaborative efforts and inputs on multiple fronts for the benefit of employees with disability working in Australian Disability Enterprises (ADEs)".

The new AED Committee for 2017-18 is made up of:
Gaetano Ravida - Chairperson
Kairsty Wilson - Secretary
Erwin Ng - Treasurer
Wendy Davies - Ordinary member
Stacy Mallis - Ordinary member
Nicole Williamson - Ordinary member
Chris Devine - Ordinary member
Jeffrey Au - Appointed member

Phillip Camela Posted by Phillip Camela.


Important Update on BSWAT Class Action
Maurice and Blackburn Lawyers,

The Class Action was made on behalf of supported employees with intellectual disability, who had their wages assessed using the Business Services Wage Assessment Tool (BSWAT) between 1 January 2004 and 28 May 2014.
This is the last chance for class members to have a say about this important legal case. A special session of the Federal Court is being held, where the Judge is expected to make a decision abo...ut the settlement. Class members may attend the special session taking place on 12 December, at the Owen Dixon Commonwealth Law Courts Building in Melbourne CBD.
Regardless of the outcome of the Class Action, supported employees with intellectual disability, affected by this case should still register for the BSWAT Payment Scheme.

If class members are happy to be involved in the case and they agree with the settlement, they are not required to do anything.

Class members who are not happy with the settlement, or do not want to be a part of the Class Action, you need to notify one of the following by 7 December 2016.
Maurice Blackburn Lawyers:
T: 1800 654 990
The Federal Court of Australia:
T: 03 8600 3333

Failure to make reasonable adjustments for employee with disability cost employer over $170k

Failure to make reasonable adjustments for employee with disability cost employer over $170k

19 July 2015

Article by Louise Rumble and James True

Marque Lawyers

The Federal Circuit Court has ruled that Corrective Services NSW unlawfully discriminated against Caryn Huntley, an employee, who suffered from Crohn'sDisease and idiopathic hypersomnolanceby failing to make "reasonable adjustments".

While the Court found a number of flaws in Corrective Services NSW's handling of the medical condition and subsequent termination, it focussed on the employer's obligations around "reasonable adjustments". Suffering the disease and sleep disorder ("disabilities" for the purposes of disability discrimination legislation), Ms Huntley had provided medical evidence to the employer regarding her ability to perform her role which, relevantly, included some travel.

The Court found the employer had misinterpreted that evidence when it determined Ms Huntley should be medically retired because she was unable to travel for more than 30 minutes. On the contrary, that medical evidence asserted Ms Huntley could take trips greater than 30 minutes, so long as she was able to take a break along the way. A reasonable adjustment to make?

The Disability Discrimination Act 1992 (Cth) (Act) provides that an employer will not have unlawfully discriminated against an employee if, because of the disability, the employee would be unable to carry out the inherent requirements of the job even if the employer made reasonable adjustments for that employee. Under the Act, an adjustment is reasonable unless making it would impose an unjustifiable hardship on the employer.

So, did Corrective Services NSW make reasonable adjustments? Basing its decision on the fact the employer had misinterpreted the medical evidence presented by Ms Huntley, had considered the condition an "illness" rather than a "disability" (the latter meaning the disability discrimination legislation was relevant) and subsequently terminated the employment, the Court said no.

Corrective Services NSW had failed to: consider the inherent requirements of the role; consider any reasonable adjustments that could be made to assist the employee to perform the inherent requirements; and implement those adjustments. Relevantly, the employer was ordered to pay compensation for pain and suffering and breach of contract to the tune of over $170k plus interest.

Lessons learned: employers ought to carefully consider whether an employee's illness or medical condition is a "disability" and, if so, take steps to comply with the obligations which arise from the disability discrimination legislation. A failure to do so could be costly.

We do not disclaim anything about this article. We're quite proud of it really.




NDIS Appeals Flowchart

NDIS Appeals Flowchart

AED Legal Centre is currently providing assistance to NDIS participants who are seeking a review of an NDIS decision at the Administrative Appeals Tribunal (AAT).

For more information about this service please contact AED Legal Centre, Suite 4 Level 9, 276 Flinders Street, Melbourne, 3000.

Ph:(03) 9639 4333 or email

(03) 9639 4333

Suite 4 Level 9
276 Flinders St
Melbourne 3000

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