Workplace Adjustments

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Before creating a workplace adjustment agreement, complete the form to ensure that all requirements are documented.

This document is then sent to the employer for consideration. This provides them with an opportunity to ask questions and request evidence to support the request. It is important that any requests for information are directly related to the adjustments requested and do not include personal diagnostic or clinical information.

If the employer refuses to provide an adjustment, they need to provide a reasonable reason, and ensure they they do not breach the requirements of the Disability Discrimination Act 1992.

I am unable to provide legal advice, but can refer the applicant, recruit or employee to an appropriate legal service in their state or territory.

The workplace adjustment agreement is created, using information from the workplace adjustment requirements document. 

Once the adjustments have been defined and agreed, the document is signed by the employee and a senior officer of the organisation. 

It is then the responsibility of the employee's manager to ensure that the adjustments are provided, and ongoing reviews are undertaken. The document forms part of the employee's employment contract and is valid until they leave the organisation.

A workplace adjustment agreement is a document that provides details of adjustments required by the employee with a disability, to perform the required tasks of their position to the same standard as an able person in the same position. It is a formal agreement between the employer and the employee and is authorised by a senior person in the employer organisation.

The employee’s manager is responsible for creating the workplace adjustment agreement, and ensuring the adjustments agreed are available to the employee. The manager does not have the right to amend the agreement without the agreement of the employee and the senior person who authorised the original version.

It is valid for the duration of the employment, so if the employee is promoted, moves to another position within the organisation or reports to a different person, the terms of the workplace adjustment agreement remain in place and must be adhered to.

If the requirements of the employee change, they are entitled to a review of the agreement and a new version to be created with necessary changes. This may include the removal of adjustments that are no longer needed, or the cancellation of the agreement altogether. This could occur where the an agreement is created following an injury, from which the employee will fully recover.

It is important to only request adjustments that are necessary. They must only be required in order to fulfil the tasks of the position and must not impact negatively on other employees, or hinder the employer’s business. An employer may deny an adjustment if they have a reasonable reason. This could include adjustments that are unaffordable or hazardous to other employees.