General News
Australian Federation of Disability Organisations: A historic day regarding sheltered works
Today, the High Court of Australia dismissed the Commonwealthโs application to appeal the Federal Court decision which ruled that the Business Services Wage Assessment Tool (BSWAT) discriminated against people with intellectual disability. Todayโs decision is a triumph for the human rights of people with intellectual disability in Australia.
On 21 December 2012, the Federal Court of Australia ruled that the Commonwealth of Australia and sheltered workshops (also known as, Australian Disability Enterprises) discriminated against Gordon Prior and Michael Nojin, who have intellectual disability, in determining their wages. The Court decided that the Business Service Wage Assessment Tool (BSWAT) is unlawful. It found that the criticism of the BSWAT is compelling. The BSWAT discounted the wages of people with intellectual disability unfairly and was designed to produce poor wage outcomes.
Itโs time to stop the pretense that ADEs provide inclusion, meaningful employment and fair wages. This is not inclusive employment. Itโs time to respond to the UN High Commissioner on Human Rightsโ call that nations move away from sheltered employment schemes and promote equal of access for persons with disabilities in the open labour market. The principle of inclusion is not achieved by re-labeling segregation as inclusion. Itโs time to recognise that there are evidence based employment support strategies to include people with intellectual disability in the open labour market for decent wages. It is this evidence that should be front and centre in the Australian Governmentโs response to the UN Convention and the High Courtโs decision.
Additional Information
Country: Australia
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Source: Australian Federation of Disability Organisations
When: 14/5/2013
