Fair pay delayed is fairness denied

05/05/2014

Dignity for Disability State MLC Kelly Vincent has joined rights advocates in condemning the recent decision of the Human Rights Commission to allow the Federal Government a one year grace period to continue using the Business Services Wage Assessment Tool (BSWAT) to determine the wages of approximately 10,000 people with a disability in Australia.

“The BSWAT sees people paid as little as one dollar per hour,” said Ms Vincent, “often performing very basic, repetitive tasks in “sheltered” environments, meaning that they often cannot enjoy the same levels of interaction and workers’ rights that many other Australians take for granted.”

The Federal Court found the BSWAT to be faulty in late 2012 and the Federal Government flagged applied for an exemption through appeal to the High Court in May 2013. Ms Vincent said the lack of immediate action after the High Court decision, ejecting the Commonwealth’s appeal, and the now drawn-out wait, is unacceptable.

“Anyone can say ‘I want to change’, or ‘I accept this needs to change’, but while they are going around talking about it, true leaders will have already implemented it,” she said, “it is flatly appalling that citizens do not see this leadership coming from their own Government.”

Ms Vincent also said that it is particularly concerning to see the exception supported by the Human Rights Commission.

“I can’t think of anyone who obtained their equality by waiting for it to come at a time convenient to someone else.

“That this acceptance of inaction should come from a body whose job it is to fight for those rights is deeply disturbing.”

Ms Vincent called on the Human Rights Commission and Governments to work together to modernise employment for people with disability.

“Delayed action on this fiscal apartheid is unconscionable. For too long, low-paid, unstimulating work has been seen as the default option for people with disabilities, based on our incapacities, real or assumed.

“It is high time to ensure that our work opportunities and consequential life outcomes are dictated by our abilities, our potential, and our ambitions; not the limited imaginations of others,” said Ms Vincent.