4 Developing government-supported work trial schemes

4.1 Introduction

4.2 Creating an expert working group on work trials

4.3 What should 'robust government-sponsored work trial schemes' look like?

4.3.1 CRS Australia Work Training Scheme

4.3.2 Parameters for new work trial models

4.3.3 Alternative 1: Three month 'job auditioning' work trial

4.3.4 Alternative 2: Three to twelve month 'job auditioning' work trial

4.4 Comments in further submissions to the Inquiry

4.5 Issues for further discussion

4.6 Recommendation regarding work trials

4.1 Introduction

WORKability I: Barriers noted that many employers are afraid of the 'unknowns' that may arise when employing people with disability. [1] On the one hand, this is the case with any new employee and the way to deal with the risk is to have a probationary period in an employment contract. On the other hand, several First Round Submissions suggested that a 'risk-free' opportunity to test an employment relationship with people with disability would be an incentive to employers to take on new employees with disability. [2] Further, people with disability expressed eagerness for any additional opportunities to get 'a foot in the door'.

The 2003 Review of the Employer Incentives Strategy conducted by Family and Community Services recommended the expansion of 'robust government-supported work trials'. [3] The First Round Submissions also discussed the potential of work trials as a method to assist people with disability to re-enter the workplace.

The Inquiry made the following recommendation in WORKability I: Barriers:

Interim Recommendation 15: Work trials

The Inquiry recommends the development of robust government-supported work trial schemes that benefit employers and people with disability.

The Inquiry also committed to establishing an expert working group to help define the meaning of 'robust government-supported work trial schemes' and develop one or more models for delivering such a scheme. This chapter discusses the outcomes of the Inquiry's working group process and the comments in the Second Round Submissions.

4.2 Creating an expert working group on work trials

When WORKability I: Barriers was published, 11 organisations had already agreed to participate in the working group on work trials. The group expanded to include representatives from the following 22 organisations:

• ACROD
• AMP
• Association of Competitive Employment
• Australian Chamber of Commerce and Industry
• Australian Council of Trade Unions
• Australian Federation of Disability Organisations
• Australian Public Service Commission
• Brotherhood of St Laurence
• Centacare
• CRS Australia
• Department of Education and Training NSW
• Department of Employment and Workplace Relations
• Disability Council of NSW
• Disability Employment Action Centre
• Diversity Council of Australia
• IBM Australia
• Job Support
• National Employment Services Association
• Office of the Australian Safety and Compensation Council
• Ostara Australia
• TAFE NSW
• Vision Australia.

The working group met on 6 September 2005 and then continued discussion through email.

4.3 What should 'robust government-sponsored work trial schemes' look like?

The working group identified three general types of 'work trials' which may be of some benefit to job seekers:

1. Job sampling: people who want to sample a job for a learning experience
2. Job training: people who want a job to develop their skills
3. Job auditioning: people who are ready to work at capacity but need an opportunity to demonstrate their ability when the necessary adaptations and supports are in place.

The group agreed to start the process of developing a 'job auditioning' model, with a view to adapting that model for the other two types of trials at a later stage.

The group noted that the precise structure of any specific work trial would depend on the circumstances of the individual and the end goal. For example the model may vary depending on the disability, the person's skills and qualifications, whether the person needs workplace accommodations and/or ongoing supports, whether the person is entering the workforce for the first time, whether the employer hopes to employ the person or is simply providing a work experience or training opportunity and so on.

4.3.1 CRS Australia Work Training Scheme

The group generally agreed that the Work Training Placement Scheme currently operated by CRS Australia was a good model to use as a starting point.

CRS Australia provided the following summary of that scheme to the working group.

The CRS Australia Work Training Scheme and how it operates

CRS Australia is able to offer work training placements to clients participating in vocational rehabilitation programs under Part III of the Disability Services Act 1986 (Cth). Clients undertaking a CRS Australia work training placement receive a training allowance under Section 24 of the Act. This allowance is an incentive payment. Clients may also receive an allowance to cover travel to and from the work training and can be funded for other essential work requirements such as equipment and workplace accommodations. Clients do not receive payment from host employers during their work training placement.

Prior to considering the provision of a work training, CRS Australia clients are supported to identify appropriate and sustainable employment goals. CRS Australia rehabilitation consultants assist clients to identify their vocational goal through a process of vocational assessment and vocational counselling. When identifying the client's vocational goal consideration is given to the client's employment skills; experience and preferences; functional capacity for different types of employment; along with relevant information provided by their treating practitioner or other key stakeholders.

Once an appropriate vocational goal is identified with the client, a work training may be considered to achieve particular objectives. These objectives are negotiated with the client and may include:

• explore and clarify their vocational goals within a safe work environment;
• assess their capacity to participate in employment in different work environments and industries;
• develop employment skills, including technical skills and confidence in the workplace;
• obtain recent work experience to improve prospects for employment;
• establish contacts with potential referees and develop important networks within industry; and
• demonstrate their capacity for work to potential employers.

CRS Australia works with the client to identify a suitable employer who can offer the required work experience to meet their goal. Potential placements may be identified as a result of cold-canvassing, CRS Australia's knowledge of the local employment market, or the client's own employment networks.

Once an appropriate workplace has been identified, the CRS Australia rehabilitation consultant and client reach a mutual agreement with the employer about the purpose of the work training placement, duration, duties the CRS Australia client will complete and roles of each of the parties during the placement. CRS Australia may conduct a work site assessment to assist in determining suitable duties and any additional support strategies, equipment or modifications that the client will require to complete the placement. The work training placement may be for a period of up to 13 weeks depending on the objectives of the placement.

Where an employee would usually be responsible for providing their own tools or equipment, such as safety boots, CRS Australia can provide these for the client. If more significant items of equipment or workplace modifications are required, CRS Australia may provide financial assistance for these items. Any decision regarding funding of these items would include discussions with the host employer and would consider CRS Australia's legislative guidelines for expenditure and service provision.

During the work training placement, CRS Australia monitors the client's performance, provides ongoing support and develops and implements employment strategies to address any client and employer support needs. The client's support needs may vary depending on the objectives of the work training and any restrictions imposed by their disability. Support for host employers will be influenced by the extent of their understanding of disability and injury. CRS Australia assistance to clients and employers may involve education on safe working practices, information for work colleagues regarding the client's disability, on and off the job support for clients and any other strategies to address a particular need.

Whilst participating in a work training placement, CRS Australia clients are deemed to be Commonwealth employees for the purposes of the Safety Rehabilitation and Compensation Act. This means that clients are covered by a "no fault" workers compensation system. Additionally, CRS Australia may reimburse host employers for any additional costs of including the client on their public liability or other insurance policies. CRS Australia does not directly provide any insurance coverage for clients other than worker's compensation coverage.

On completion of the work training placement an evaluation is undertaken of its effectiveness but there is no obligation on the employer to offer the client ongoing employment. As detailed above, CRS Australia's work training scheme offers many benefits for clients in addition to successful employment and is utilised in a strategic manner to meet certain objectives within a program.

CRS Australia work training placements are voluntary and can be terminated at any time at the request of any of the parties involved. When establishing and monitoring work training placements, CRS Australia is mindful of its obligations under the Disability Services ( Disability Employment and Rehabilitation Program) Standards 2002 and endeavours to ensure that clients are not put in a position where they or the work training scheme can be exploited by other parties.

Employers Perspective on the Work Training Scheme

As highlighted above, CRS Australia identifies potential work training placements through either cold canvassing, our contacts in the employment market or client's networks. This process results in the identification of employers that have an interest in or positive association with working with people with disability and injuries.

Even when negotiating with employers that already have positive expectations, CRS Australia acknowledges that employers raise a number of concerns in relation to work trainings including:

• Are they responsible for injuries to clients during the work training placement?
• Are they responsible for damage to third parties or property during the work training?
• Is there a requirement to employ the client at the end of the work training?
• Is the client safe in the workplace?
• What support will CRS Australia offer?
• What costs will the employer incur?

CRS Australia manages these concerns by:

• Assuring employers that the client's disability, injury or health condition can be managed successfully in the workplace and that the client will have appropriate monitoring and support during the work training placement;
• Explaining what insurance coverage is provided to employers during the placement and what areas remain their responsibility;
• Offering to cover an increase in premium which may result from the employer including the client on existing insurance polices public liability insurance policies; and
• Assuring employers that there is no obligation to employ the client at the end of the work training placement.

CRS Australia stressed that its scheme is only available to people participating in a comprehensive vocational rehabilitation program under Part III of the Disability Services Act 1986 (Cth).

4.3.2 Parameters for new work trial models

The working group discussed a series of issues to be addressed when developing models for various work trial schemes:

1. Purpose of work trial

(a) To fill a job vacancy? (job audition)

(b) To provide a training opportunity? (job training)

(c) To provide work experience? (job sampling)

2. Eligibility for work trial

3. Defining the conditions of a work trial

4. Length of a work trial

5. Payment during a work trial

(a) Is there payment?

(b) Who pays?

(c) Is there a government subsidy?

(d) For how long?

(e) How much?

6. Insurance coverage during a work trial

(a) What is the employment relationship?

(b) What sort of insurance is needed?

• Workers compensation insurance?
• Public liability insurance?

(c) Who will pay for it?

7. Supports provided to 'employers' and 'employees' prior to and during a work trial

(a) What sort of supports are provided?

• OHS assessments?
• Workplace accommodations and reasonable adjustments?
• On the job support?

(b) Who are the supports provided to?

• Employers?
• Job audition participant?
• Colleagues?

(c) Who provides the supports?

(d) When are they provided?

(e) For how long are they provided?

8. Employer obligations at the end of a work trial

9. Possible agencies to coordinate a work trial

(a) Greater funding for work trials run by CRS Australia?

(b) Open up to tender for all types of organisations including employment services?

(c) Funding for independently created 'job trials' and private employers operating without contact with employment service providers?

10. Encouraging participation in work trials

As mentioned above, the group focussed on developing the 'job auditioning' model of work trials; that is, where the primary purpose is to fill a job vacancy.

As a result, it was assumed that the work trial participant was filling an employer's need and therefore should receive some form of remuneration.

There was a great deal of discussion about the appropriate length of a possible job audition and the implications that the length would have on the amount the participant would be paid and the employer commitment to hiring that person at the end.

Several members of the working group also emphasised that any necessary workplace adjustments must be made during the trial so that the participants have a true opportunity to prove themselves.

As no agreement was reached on the most appropriate length of the 'job audition', two alternative models were put forward. One model where the audition was for three months or less and a second model where the trial was between three and twelve months.

4.3.3 Alternative 1: Three month 'job auditioning' work trial

The following model has not been endorsed by the group as a whole or the Inquiry. However it does represent the first stage of a considered discussion about the features of a possible three month government-sponsored 'job auditioning' work trial.

1. Purpose of job audition

To fill a genuine job vacancy but give both the employer and employee the necessary supports and time to assess whether the job will work out ('try before you buy').

2. Eligibility for job audition

Any person with disability.

3. Definition of job audition

A Memorandum of Understanding (MoU) should clearly define the purpose and terms of the trial, and the rights and obligations of the 'employer', 'employee' and supporting agency. It is important to ensure that all parties have clear expectations.

For example the MoU might include the following minimum information:

• length of audition
• payment during audition
• insurance coverage during audition
• supports and adjustments to be provided during audition (and upon successful employment)
• conditions under which the employer will offer the person a job at the end of the trial
• description of the job available to the person if the trial is successful.

4. Job audition length

• three months or less depending on the position and the individual
• possibility of seeking an extension (as currently permitted under the CRS Australia model).

5. Payment during job audition

Payment options include:

• where the person receives the Disability Support Pension, that pension continues
• an additional allowance to be paid by a government-funded agency to cover sundry costs
• where the person does not receive a pension, a training allowance might be paid by a government-funded agency
• the award wage
• a wage commensurate with other employees on probation.

6. Insurance coverage during job audition

Workers compensation insurance should be covered by any of the following:

• Comcare (this will require a change to legislation unless the trial is run through CRS Australia)
• State workers compensation authorities
• private insurance companies paid by a Commonwealth government authority.

7. Supports provided to employers and employees prior to and during the work trials

Supports to be provided whenever needed, for as long as needed, by an appropriately resourced government-funded agency.

Supports might include, but not be limited to, the following:

• administrative assistance so that all arrangements are made by the relevant government agency
• workplace and medical/functional assessments are conducted by appropriately qualified professional prior to the trial to ensure a safe job match, safe working conditions, appropriate employer awareness and co-worker safety
• implementation of modifications as recommended by the workplace assessment
• implementation of any necessary workplace accommodations and adjustments (including adaptive technology)
• assistance to ensure appropriate job design
• provision of ongoing job support, including on-the-job training and regular on-site monitoring
• access to immediate expert advice throughout the work trial.

8. Employer obligations at the end of the job audition

• No absolute obligation to hire at the end of the audition. However, the MoU should define the circumstances under which a job would be offered (see item 3 above)
• An employer might also commit to providing a reference to the participant.

9. Possible agencies to run the trial

• CRS Australia (CRS Australia notes that it currently does not have the infrastructure to provide the expanded 'job auditioning' services as discussed by the working group)
• other agencies that tender for this role.

10. Encouraging participation in work trials

• Central point of information for all those interested
• Simple administration for employers
• Commonwealth government promotion to people with disability, community groups, employment services and employers
• Employer peak body promotion of the trials to large, medium and small business
• Employment services promotion of the trials to all agencies servicing clients with disability
• Community promotion.

4.3.4 Alternative 2: Three to twelve month 'job auditioning' work trial

There was substantial disagreement about whether a work trial longer than three months provided any added value. However, if there were such a need, the following changes would need to be made to the model described above.

Please note that, like the model above, this model has not been endorsed by the group as a whole or the Inquiry in particular. It simply reports the progress of an ongoing discussion about the features of a possible longer-term government-sponsored 'job auditioning' work trial.

1. Purpose of job audition

As above.

2. Eligibility for job audition

As above.

3. Definition of job audition

As above.

4. Job audition length

Between three and twelve months.

5. Payment during job audition

Where a person is in a job audition for more than three months he or she should be paid at least the award wage. There are various ways this might be done:

• where the person receives the Disability Support Pension that pension might continue. An additional amount could be paid by the employer to meet at least the award wage. However, ideally the person should be paid the wage the employer would normally pay for that job
• where the person does not otherwise receive a pension the government could subsidise the salary to that amount or greater
• there may be provision for decreasing the government subsidy as time goes on. For example, 100% of the award wage for the first three months, 50% for the next three months and 25% for the next six months.

6. Insurance coverage during job audition

As above.

DEWR notes that from an occupational health and safety perspective, funding insurance coverage for a 12 month period may reduce the incentive that premiums provide to prevent injuries in the workplace.

7. Supports provided to employers and employees prior to and during the work trials

As above.

8. Employer obligations at the end of the job audition

• no absolute obligation to hire at the end of the audition, however the longer the audition the greater the obligation to consider permanent or long-term placement
• MoU should define the circumstances under which a job would or would not be offered
• an employer should commit to providing a reference to the participant
• the employer should agree to waive any further interview process.

9. Possible agencies to run the trial

As above.

10. Encouraging participation in work trials

As above.

4.4 Comments in further submissions to the Inquiry

In addition to the discussions that took place in the context of the working group, there were a number of Second Round Submissions responding to the Inquiry's recommendation about work trials.

The mother of a boy with Asperger's Syndrome suggests that work trials are only useful for people with disability who can be as productive as people without disability:

In my son's experience, work trials did not lead to offers of permanent employment because, although his employers were happy with the quality of his work, they were unwilling to employ someone who was not as fast as other employees could be.

Work trials can only be of advantage to people with a disability such as my son's if coupled with ongoing government wage subsidies or tax incentives for the employment of such people.[4]

The City of Melbourne Disability Advisory Committee supported the idea of work trials as long as they were for a minimum of 12 weeks. [5]

The Australian National Organisation of the Unemployed was concerned to ensure that work trials pay and provide award wages and conditions and that there is a job guarantee for those who successfully complete the trial.[6] Similarly, Blind Citizens Australia state that work trial participants should be paid wages in accordance with the appropriate award or relevant workplace agreement. [7]

Blind Citizens Australia also point out that the work trial must ensure that the appropriate workplace modifications are in place in order to test a 'true workplace scenario. For people who are blind or vision impaired this would include the provision of specific adaptive equipment.' [8]

Centacare describes its voluntary work experience scheme, which has resulted in longer-term employment. In discussing this program, Centacare is careful to distinguish 'work experience' (unpaid) from a 'work trial' (paid):

During the work experience placement, our staff use a standard industry measure (the Standards of Work Performance questionnaire) to assess both a client's work skills and other work related behaviours such as work ethics (for example punctuality), responsiveness to supervision and the ability to carry out instructions. The assessment is conducted in conjunction with the Training and Placement Officer and the supervisor/employer. The limitations of the current system as outlined in the Report are that work trials/volunteer work does not provide any remuneration to the client. Services are not funded for providing the resources that would be available for a job placement. Nor is it appropriate that a client continue in a work experience placement for a considerable period of time under the current system without remuneration. What is required is a system of government funded work trials, where Service Providers can offer the full range of support that they currently provide for workers such as intensive on the job training and support, maintenance including site visits and telephone calls to assess progress and a structured comprehensive system of assessment of both skills and work related behaviour. The development of a Work Trial model would need to ensure that employers have adequate insurance to undertake such work trials.

.Minimising any risk of employee exploitation would be key to the development of a Work Trial model. Centacare recommends that careful consideration be given to the duration of the trial and the possibility of a system of outcome based payments to ensure that service providers are educating employers throughout the trial and that a good job match occurs.[9]

4.5 Issues for further discussion

As already noted, the models described above have not been endorsed by the working group as a whole or the Inquiry. Rather they reflect the results of preliminary discussions on the issue.

There are several questions that remain unanswered in the context of the discussion, including:

• Is there value in a 'job audition' scheme that lasts more than three months?
• If the 'job audition' is longer than 3 months should there be a greater obligation to hire at the end?
• What should be the payment level for participants in a 'job audition'? Does it depend on the length of the audition?
• Who should pay the participant in a 'job audition'? Does it depend on the length of the audition?
• How will insurance be covered if CRS Australia is not the managing agency?
• What agencies have the capacity to manage work trial schemes along the lines discussed by the group?
• What funding would be needed to support such a scheme on a broad scale?
• What sort of promotion schemes would work best to encourage participation of employers and people with disability in work trial schemes?

It is also worth noting that there was limited employer representation on the working group. As the primary purpose of the job audition scheme is to provide an incentive for employers to give people with disability an opportunity to prove their abilities, it will be important to consult more directly with employers on the design of the scheme.

At this stage the Australian Chamber of Commerce and Industry suggests that the scheme would need to be voluntary, cost neutral, terminable at any time and without any obligation to employers. Some of these conditions may be at odds with those discussed above. There clearly needs to be further discussion on these and other issues.

Further, there needs to be more detailed discussion with Federal and State governments about the feasibility of developing, encouraging, managing and funding such work trial schemes.

It is also important to emphasise that the model discussed by the working group focussed solely on the type of trial that is intended to lead to an individual filling an existing job vacancy. Different considerations may come into play when considering work trials as work experience and work training options for people with disability. Many submissions note the importance of such opportunities as a way to encourage participation and employment (see especially Chapter 3, section 3.3.3(l)).

These are just some of the issues that need to be focussed upon in the future.

4.6 Recommendation regarding work trials

The Inquiry has amended Interim Recommendation 15 to reflect the discussion of the working group so far. The final recommendation is as follows:

Recommendation 15: Work trials

The Inquiry recommends that the Department of Employment and Workplace Relations develop robust government-supported work trial schemes that benefit employers and people with disability.

The following issues should be addressed in developing such schemes:

(a) the purpose of the work trial scheme (is it to fill a job vacancy, provide a training opportunity or provide work experience?);

(b) eligibility for the work trial;

(c) a mechanism to define the rights, obligations and expectations of all parties before, during and on completion of the work trial;

(d) length of the work trial;

(e) payment during the work trial (how much and by whom);

(f) insurance coverage during the work trial;

(g) supports provided to employers and people with disability prior to and during the work trial;

(h) employer obligations at the end of the work trial;

(i) agencies to run and support work trials; and

(j) a strategy to encourage participation by employers and people with disability in work trials.

The Human Rights and Equal Opportunity Commission intends to continue working with the Department of Employment and Workplace Relations and the working group to ensure ongoing development of these ideas (see further Chapter 12).

Next chapter

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