Australians with intellectual disabilities will be paid half the wages owed for past work, if they agree not to sue the federal government.
Legislation to set up a payment scheme for "supported employees" that were underpaid passed the Senate on Monday.
It follows a court ruling that two employees were discriminated against because their wages were assessed under the Business Services Wage Assessment Tool.
Wages could be as low as 33 cents an hour.
Under the scheme, employees will be able to apply for back-dated payments at half the rate of what they would have earned if the tool assessed their wages on their productivity alone.
But, those employees can only access payments if they do not sue the government for compensation.
A class action on behalf of underpaid workers went to the Federal Court in December 2013.
The legislation passed with minor government amendments with the help of Bob Day, David Leyonhjelm, Nick Xenophon, Ricky Muir, John Madigan and Zhenya "Dio" Wang, and will be sent back to the House of Representatives for final approval.
Labor failed to amend the legislation to allow workers to access payments while participating in legal action.
"The government seems determined to rob vulnerable Australians of their legal rights," opposition spokeswoman for disability reform Jenny Macklin said in a statement.
Independent Senator Jacqui Lambie refused to back the bill without the amendments, accusing the government of stealing money from Australia's most vulnerable.
The government is developing a new tool to assess wages of workers with a disability.
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