December 26, 2015

Federal Labor welcomes the settlement of the class action in Tyson Duval-Comrie (by his Litigation Representative Claudine Duval) v Commonwealth of Australia reached today.

This settlement means that thousands of workers with disability whose wages were paid using the BSWAT, a discriminatory assessment tool, will now get fairer compensation.

In some cases, this will mean people will get a better deal than they would have got if they accepted the original offer.

Under the terms of the settlement, people with disability who had their wages assessed using BSWAT will now receive backpay for hours worked at a rate of 70 per cent of what they would have been paid using a non-discriminatory tool.

Labor will look carefully at the details of the Government’s proposed legislation, but we are pleased that the parties have come together to reach a negotiated agreement.  

The Turnbull Government must now finalise a new non-discriminatory wage assessment tool to replace the BSWAT, and ensure workers with disability get a fair days pay for a fair days work.  


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