"I donated to AED because I know from personal exerience some of the barriers people with a disability experience in the workplace"
Historic court victory
Jan 13 2015
AED's greatest achievement to date is the Federal Court decision in a landmark wage case that has had wide-ranging ramifications for 20,000 employees with disabilities working in Australian Disability Enterprises.
AED Legal Centre spearheaded the BSWAT test case on behalf of two employees with an intellectual disability, Mr Michael Nojin and Mr Gordon Prior resulting in a landmark decision in the Federal Court (2012) and High Court (2013) that this wage assessment tool was discriminatory, in contravention of s 15 of the Disability Discrimination Act 1992.
This was a complex and long case (went for 5 years) and the Federal and High Courts decision was for AED the culmination of 10 years of dedicated legal advocacy.
The Respondents, the Commonwealth Government, had applied to the High Court of Australia for special leave to appeal the Federal Court decision. On 10 May 2013, their application was rejected and the decision of the Federal Court upheld.
This historic victory was an affirmation of the human rights of people with a disability across Australia and will lead to an overhaul of the wage assessment process and the removal of the discriminatory elements that disadvantage people with an intellectual disability.