Royal Commission: Inclusive Employment
In Volume 7: Inclusive education, employment and housing Part B, The Royal Commission states the opportunity to work, earn a living and participate as an economic citizen is a key component of an inclusive Australia. Access to employment affects a person’s ability to access services, support themselves and their family, realise life aspirations and have financial security.
Employment facilitates social connection, community participation and creates opportunities. These factors act as safeguards against violence, abuse, neglect and exploitation of people with disabilities. Employment is also about human rights. Article 27 of the Convention on the Rights of Persons with Disabilities (CRPD) recognise the right of persons with disabilities to work, on an equal basis with others.
2018 ABS data shows of persons with a disability aged 15 to 64, 53% are employed, compared to 84% for people without disability.
The participation rate for people with disability in the workforce has not changed substantially since 1993. Some groups within the disability population experience even lower rates. Employment rates for people with a psychosocial disability is 34%, intellectual disability is 38% and head injury, stroke or acquired brain injury is 32%. Labour force participation rates are also low for women with disability at 51%, and First Nations people with disability sits at 45%.
The Commission noted the workforce is also changing.
More people now work in part-time, short-term and casual jobs or are self-employed. Commissioners Bennett, Galbally, McEwin and Ryan observed that deeper, structural changes are also shaping the broader economy. These include:
Australia’s ageing population
Advances in digital technology
Impact of increased automation on roles previously undertaken by people with disability
The need for a more highly skilled workforce
Australian Government Treasury analysis of ABS data shows the number of Australians in jobs grew by 234,000 (1.7%) between May and November 2022. This data shows while there are growing opportunities for workforce participation, the unemployment rate for people with disabilities has increased, while remaining stable for people without disability.
Amongst the changing workforce nature, the Australian Government National Skills Commission projects in the biggest four industries, almost 770,000 new jobs will be created by November 2026. The majority of these jobs will be reflected in growth industries; health care and social assistance, accommodation and food services, education and training and professional, scientific and technical services. The Commission notes people with disabilities should be getting a fair share of these additional opportunities.
The Commission identified the following barriers to inclusive, open employment for people with disabilities in Australia:
Attitudinal: low expectations, misconceptions of people with disabilities, discriminatory attitudes, behaviours and ableism
Physical/environmental: inaccessible buildings, communication styles and psychosocial support
Organisational: inaccessible systems and recruitment processes, lack of appropriate support services, refusal to make adjustments
Structural: policies, systems, government programs and legislation, eg. Disability Employment Services Program
Royal Commission Recommendations
There are 17 recommendations from the Disability Royal Commission on inclusive employment. What we’ve learnt so far reviewing two sets of recommendations from the report; First Nations people with a disability and Inclusive Education, is the biggest recommendations are usually last. So for the Disability Royal Commissions’ recommendations on Inclusive Employment, we are going from bottom to top.
17. End segregated employment by 2034
Commissioners Bennett, Galbally, Mason and McEwin recommend the Department of Social Services transform Australian Disability Enterprises (ADEs) and eliminate subminimum wages for people with disability by 2034. This will be done through creating a National Inclusive Employment Roadmap. The roadmap should be centred on equal access and opportunity, increased availability and career pathways for people with a disability and accountable governance. Starting with the Australian Public Service, state and territory public services a model employers of these principles.
The roadmap should detail:
Reform Australian Disability Enterprises: (ADEs) to operate in accordance with the social firm model, providing open workplaces where employees with disability can receive support in an integrated setting to undertake work tasks, develop skills and transition to further open employment
Structural Adjustment Fund: establish this as a grant-based support to increase in the minimum wage to at least 50%, moving to the full minimum wage by 2034
Open employment transition: support for people with disability to transition to open employment through programs such as the School Leaver Employment Supports program
16. Raise subminimum wages
At least half the minimum wage: the Australian Government to implement a scheme to ensure that employees with disability are paid at least half the minimum wage. After five years, the government should use the results of this scheme as a model to lift the minimum wages payable to employees with disability to 100% of the minimum wage by 2034.
Mikaela’s Submission: Mikaela is in her 20s, is autistic, and has depression, anxiety and ADHD.
Mikaela told the Royal Commission about her supported employment with an Australian Disability Enterprise. Mikaela was a linen hand earning $5 an hour. There were some other employees with a disability earning $1-2 an hour, ‘even though [the employer] get 15 grand off the government’ for employing people with disabilities.
The working conditions were often hot and dirty, Mikaela recalled having ‘ice block’ breaks when the temperature reached 35 degrees.
The workers in the laundry weren’t provided with masks or other personal protection equipment other than mechanics’ gloves for sorting linen, which were hot to use. Lint was never properly removed from machines, with Mikaela reporting she still has a bad cough and nosebleeds as a result.
15. Support the transition to inclusive employment
The Department of Social Services should develop a plan to support people with disability working in Australian Disability Enterprises (ADEs) to move to inclusive, open employment options in a range of settings. The plan should incorporate:
The option for people with disability to continue working in ADEs, with strong and appropriate safeguards, if that is their free and informed choice
Action to increase employment opportunities in open and inclusive settings for people with disability
Improved information for people with disability about employment supports, opportunities in other settings, wages and the Disability Support Pension
Active consultation with people with disability, Disability Representative Organisations and Disabled People’s Organisations Australia, and the adoption of inclusive design principles in developing and implementing the plan
Improved collaboration between the NDIS and Disability Employment Services to ensure different employment services work cohesively to deliver supports
14. Embed an ‘open employment first’ approach in the NDIS Participant Employment Strategy
The NDIS should adopt an “open employment first” approach in the next iteration of the strategy. The strategy should consider open and integrated employment as a first option in meeting employment goals in participants’ plan.
It should also provide training for LACs, NDIS Planners and Support Coordinators to build knowledge, resources and capacity to encourage participants to achieve employment goals in an open and integrated settings.
13. Improve information about wages and the Disability Support Pension
Clear information: Federal government should fund Disability Representative Organisations to deliver an information for employees with disability on open employment wage conditions and the interaction between wage and the Disability Support Pension (DSP).
There should be specific information for individuals to calculate how changes to their DSP or wages impact their income and financial situation, options on suspending their DSP and guidance on who to contact for further assistance.
12. Enable a Fair Work Ombudsman referral mechanism
Empowering Fair Work Ombudsman for Disability Matters: expand its functions to enable relevant authorities to refer issues involving employees with disabilities back to the Ombudsman, provided they believe the complaint is best handled by them and with the complainant's consent.
11. Amend the Disability Discrimination Act 1992 (Cth)
Section 21A of the Disability Discrimination Act says: ‘because of the disability, the aggrieved person would be unable to carry out the inherent requirements of the particular work, even if the relevant employer, principal or partnership made reasonable adjustments for the aggrieved person.’
Employment consideration factors: The Commission says the act should be amended to expand on the determining factors whether an employee could carry out the “inherent requirements” of a particular role.
Basically, amending the determining factors to include the nature and extent of what adjustments would need to be made for an employee with disability to carry out the “inherent requirement,” and any consultation with any person with a disability.
10. Amend the Fair Work Act 2009 (Cth)
Consistent definition of “disability”: bring the Fair Work Act’s definition in line with the Disability Discrimination Act 1992 (Cth), by removing the words “physical and mental” preceding “disability” in section 351 and section 772.
9. Convene a Disability Employment Rights Council
Improve outcomes for disability employment: Federal Government should convene a Disability Employment Rights Council to improve coordination, consistency and clarity across regulatory bodies and frameworks.
Liana’s Submission: ‘We ALL have something to offer – and sometimes our real strength lies in our perceived weakness’.
Liana is blind and lives independently with her guide dog, Yuki. Liana told the Commission in her last job in the public sector she experienced significant workplace discrimination and abuse. She has not been able to work for three years and it has taken her this long ‘to feel safe enough to speak out’.
She told the Commission her manager was unable to provide Liana with meaningful work, and repeatedly mistreated Yuki, in accounts detailed to the commission. One day, Liana and Yuki were almost hit by a car on the way to work and Liana contacted the only staff member whose number she could remember that she won’t be in.
The next day ‘instead of empathy, I was rebuked … for not contacting my manager directly’. Once the manager finished berating her, she said “She hadn’t even noticed [Liana] had been absent from work”’.
8. Strengthen disability employment procurement policies
Inclusive Employment Practices: Prioritise businesses and entities whose published criteria demonstrate their commitment to offering inclusive and accessible employment opportunities, especially for individuals with intellectual or cognitive disabilities.
Mandate inclusive ICT: Ensure that all information and communication technology purchases comply with the current Australian ICT accessibility standard.
7. Public reporting on public sector disability employment strategies and targets
Accessible progress report: APSC and state/territory public service commissions to report annually on the progress of their public sector disability employment strategies.
These reports must detail progress regarding both overall and specific targets for increasing the proportion of employees with disabilities.
6. Introduce consistent adjustment principles and adjustment passports
Create Adjustment Passport: develop these to be implemented across the Australian Public Service (APS) to streamline the maintenance and transfer of adjustments for individuals with disabilities moving within the APS.
Establish Common Principles: to underpin adjustment policies for providing and managing adjustments in the public sector. Collaboration with state and territory commissions, the APS Commission’s principles should follow:
Simple processes for staff to request adjustments
Defined timeframes for implementing and reviewing adjustments
Accessible procedures for handling complaints about adjustments, including refusals
Clear policies on handling and sharing disability-related information
Referrals to internal and external support services for adjustment requests
Mandate data collection on adjustment applications and implementations
5. Clarify the application of the merit principle in public sector recruitment
Clearer directions: APS Committee to provide clearer training and supportive materials on the importance of having a diverse workforce reflecting the community it serves.
Lesley’s Submission: ‘When I was able to show them that I could do the job [the supervisor] was like, “Wow. And you're Deaf and you did this job!”’
Lesley is in her 50’s, Auslan is her first language, but in her public service job she was expected to lip-read and write notes. Despite working in the public service for 30 years, she was never once provided with an interpreter.
‘My supervisors constantly refused and said, “You don’t need [an interpreter]. No, we’re not getting one.”’
As a result she missed meetings, work events and office conversations, and missed out on promotions. She added ‘The public service doesn’t really have the opportunity for people with disability to progress.’
4. Establish specific disability employment targets for new public service hires in agencies and departments
Employment target for departments and agencies: Federal and state/territory government departments and agencies should set a target for public service hires to reflect a workforce of people with disability.
The target should be at least 7% by 2025. The target should increase to at least 9% by 2030.
3. Establish specific and disaggregated targets for disability employment in the public sector
Employment targets in the public sector: Federal and state/territory governments should adopt specific, separate targets to increase public sector employment of people with disability at entry, graduate and executive levels and employees with a cognitive disability.
This will be supported by clear employment pathways into the relevant public services for each target cohort measures and programs to support the recruitment and progression of each target cohort and provision of appropriate supports.
2. Develop Education and training resources for Disability Employment Services Staff
Resource suite: The Australian Government Department of Social Services to upskill their staff with a suite of accessible, co-designed education and training resources.
1._Priorities for inclusion in the new Disability Employment Services model
Co-designed, accessible model: must use inclusive design principles, have people with disabilities as paid members of the design team and embrace customised employment models as a central part of service provision.
Flexible employment supports: funding arrangements should facilitate services like customised employment, and assists Disability Employment Services participants achieve their employment goals.
Remove minimum work capacity: consider alternatives to remove the requirement for individuals to have a minimum future work capacity of eight hours a week to access the Disability Employment Services program, making the new model accessible to all people with disabilities.
Lorne’s Submission: Lorne is in his 40s, lives independently and uses a walking stick and motorised scooter for mobility due to his cerebral palsy. He had a permanent IT job in a regional organisation. Lorne told the Commission, a new manager came on board and ‘I didn't really fit in his ideal working scope.’ The manager asked Lorne to halve his working hours to 21 a fortnight, suggesting he more within the organisation to another region if he wants to keep his hours. Moving regions would require moving house and acquiring new support workers.
‘It's a little bit more complicated for a person with disabilities to relocate to another job compared to an abled person … So what choice did I have?’
Lorne resigned to find another job, but discovered DES providers would only help him find work for eight hours a week.
‘Their obligation is only to find you eight hours a week … Once they find you employment, you are really, for the rest of your life, you’ve got no option to expand your employment opportunity goals.’