Employees with disability

All employees in Australia have workplace rights. Learn more about workplace rights for employees with disability.

On this page:

Disability in the workplace

1 in 5 people in Australia have disability. The definition of disability can be found in the Disability Discrimination Act 1992.

All employees in Australia have workplace rights. This includes:

  • what people need to be paid
  • being treated fairly.

For more information about what employees get and what employers must do, visit Employment conditions.

Sometimes, employees with disability have different rules that apply to them. These can include:

  • being paid a supported wage
  • requesting supportive work arrangements
  • extra protections at work.

Did you know?

Employees and employers covered by the Supported Employment Services Award have extra rules about their rights at work. These rules are explained in clause 31 of the Supported Employment Services Award.

Pay

Every employee gets a minimum wage. The minimum wage that applies will depend on the award or enterprise agreement that applies.

To find your award and minimum pay rate, use our Pay and Conditions Tool.

The National Minimum Wage applies to employees that aren’t covered by an award or registered agreement.

For information about entitlements that apply where there is no award or agreement in place, visit Award and agreement free wages and conditions.

Supported Wage System

Employees with disability are paid the same as others in the same job.

Some employees with disability can be in the supported wage system. This means they will be paid based on their productivity in the job.

For more information about the supported wage system, visit Employees with disability pay rates.

Flexible work

Employees with disability can request flexible working arrangements in some situations.

This can include changes to their:

  • hours of work
  • pattern of work
  • location of work.

For more information, visit Flexible working arrangements.

Example: Requesting flexible work arrangement

James is a payroll officer for a hair salon. He works part-time and has been working at the business for 2 years.

James lives with disability. He has a condition which affects his mobility and has trouble sitting for long periods.

James can request flexible working arrangements because he:

  • is a person with disability
  • has been working with the same employer for more than 12 months.

James talks to his employer about requesting flexible work arrangements. He asks to work from home and take extra breaks when needed. James puts this request in writing.

Best practice guide

For tips on how to approach flexible working arrangements, employers should read our Flexible working arrangements best practice guide.

Reasonable adjustments

Reasonable adjustments can help reduce barriers at work for employees with disability.

This could be a change to:

  • work processes
  • work equipment or tools
  • the work area.

For information and resources on making reasonable adjustments, visit JobAccess.

Protections from being treated differently at work

Employees have the right to a safe workplace, free from discrimination, bullying and harassment.

Employees are protected from adverse action because of physical or mental disability. This includes people applying for a job.

Adverse action

Employees can’t be treated differently or worse because of their disability. If they are, it could be adverse action. Examples could include:

  • not hiring someone
  • treating an employee differently to other employees, including giving them different and unfair conditions
  • changing an employee’s job in a way that makes it worse for them
  • firing an employee.

There are some situations where adverse action isn't always discrimination, even though it might seem like it. There can be lawful reasons for taking adverse action that have nothing to do with someone's personal characteristics.

For more information, visit Protection from discrimination at work.

Bullying and harassment

Employees can find help for preventing and dealing with bullying and harassment at Bullying in the workplace.

Example: Possible discrimination at work

Emma is sales assistant at a retail store. Her disability impacts her concentration and memory.

Emma applied for a management role at her store. The day after the interview her employer called her in for a meeting. At the meeting, Emma is told she didn't get the job because of her disability.

Emma thinks this could be discrimination and visits our website for more information.

For more information about other discrimination laws, visit our Anti-discrimination section.

Accessible resources

Easy Read

Some of our information is available in ‘Easy Read’ format. This combines text with images to explain information simply. Read our Easy Read information.

easy read icon of book in blue circle

Look out for the Easy Read symbol on our website to access our Easy Read information.

Deaf, hard of hearing or speech difficulty

We can help people contacting us who are deaf or hard of hearing.

If you are deaf, or have hearing or speech difficulties, you can contact us through the National Relay Service. Select your preferred access option and give our phone number, 13 13 94.

We're open 8 am to 5:30 pm Monday to Friday (except for public holidays).

We also have videos explaining the National Employment Standards with an Auslan interpreter.

Other support

We can only help with issues under the Fair Work Act.

For help with other issues, visit Support for employees with disability.

Tools and resources

Related information