(1)  Subject to subsection (2) , an award does not apply to a person with a disability employed, or engaged in work, in a sheltered workshop or in an institution.

(2)  Where, on application by the Registrar, the Commission is satisfied, after due inquiry, that any institution or sheltered workshop is unfairly competing with persons carrying on a business in which there is performed work similar to that performed by an inmate of the institution or a person with a disability employed or engaged in the sheltered workshop, the Commission may, by order, apply as from a day specified in the order a relevant award to any inmate or class of inmates of the institution or to any person with a disability or class of persons with disabilities employed or engaged in the sheltered workshop.

(3)  In this section –

disability means a disability –

(a) which is attributable to an intellectual, psychiatric, sensory or physical impairment or a combination of those impairments; and

(b) which is permanent or likely to be permanent; and

(c) which results in –

(i) a substantially reduced capacity of a person for communication, learning or mobility; and

(ii) the need for continuing support services; and

(d) which may or may not be of a chronic episodic nature;

institution means an institution conducted in good faith for religious or charitable purposes;

sheltered workshop means premises where persons with disabilities are able to carry out work that benefits them, whether or not the work ordinarily yields a profit.