Health and Community Services Union

HACSU Commences Action in the Federal Court

On Tuesday 5 January HACSU’s lawyers Slater & Gordon lodged a wage recovery case in the Federal Court on behalf of members against Ballarat Health Service.

The case seeks to recover the shift allowances not paid to HACSU members who are in receipt of the 'commuted allowance' (former Section 97 employees).

The court action follows the ongoing refusal of Ballarat and other health services to pay members the additional shift allowances when they work afternoon or night shifts on weekend days and public holidays.

The court action is a member’s only claim and a directions hearing for the Ballarat case has been listed for the 8th February 2010.

Given the evidence gathering complexities of the case it was determined to commence the action against Ballarat Health Services.

HACSU is now preparing separate action against other health services that are not paying the allowance.

Authorised by Lloyd Williams, State Secretary