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BSWAT Bill denies right to back pay for workers with intellectual disabilty

On June 15 the Federal Parliament passed new legislation that will deny people with intellectual disability the right to pursue back pay against the Commonwealth through the courts. 

The Government’s Business Services Wage Assessment Tool (BSWAT) Bill will see people with disability prevented from exercising their right to pursue to back pay if they choose to be part of the Government’s Scheme.

The Government’s legislation was passed with the support of a number of the independent Senators.

Both the Opposition and the Greens attempted to, unsuccessfully, amend the legislation.

These amendments would have enabled those people who choose to participate in the Government’s BSWAT scheme to also continue to participate in a class action that protects their common law rights.

For months, people with disability have been calling on the Government to accept Labor’s amendments. Unfortunately the Government has ignored their pleas.

The BSWAT is one of several different tools used to assess the wages of people who work in Australian Disability Enterprises (ADE’s).

The BSWAT was found to be discriminatory against people with intellectual disability by both the Federal and High Courts of Australia.

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