An employee with a disability may apply for a permit that enables them to be employed for a lower rate of pay than a rate set by Awards and Enterprise Agreements made by the Commission.

Who can apply for a special wage permit?

The person, or another person on their behalf – with leave of the Industrial Registrar - can file an Application for a special wage permit with the Registry by email or in-person over the counter.¹ The application must include details about the minimum rate under the industrial instrument and the methodology used to calculate the proposed wage.  

It is not sufficient to merely state on the application that a person has an impairment or disability and therefore be paid at a rate lower than the one set by the Award. The limitations on work performance must be quantified and supported by medical evidence for the application to be considered.

What can the Commission do?

The Industrial Registrar will consider the application and notify the relevant industrial organisation if a special wage permit is granted. The permit will be issued for a short duration.

The Industrial Registrar will contact the applicant via email if they require more information to further consider the application.

Can a special wage permit be refused or cancelled?

The Industrial Registrar can cancel the permit at any time. Under section 194 of the IR Act, an affected party (including the relevant industrial organisation) can appeal the Industrial Registrar’s decision to grant, refuse or cancel a special wage permit.

^{1 Industrial Relations Act 1996 (NSW), s 125(2).}