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22 December 2011 |
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Lawyers for Ballarat Heath Services have filed a Notice of Appeal against the judgment made by Justice Gray in the Federal Court on the 4 November 2011. In his judgment, Justice Gray found in favour of HACSU and ordered that Ballarat Health Service pay members in receipt of the commuted allowance the disputed afternoon and night shift allowances for work undertaken on weekends and public holidays.
Ballarat Health Service also made an application for a ‘stay’ on paying the amounts owing to members pending the hearing and determination of the appeal. Given the likelihood of the Court granting a hold on the payments, HACSU lawyers Slater & Gordon were instructed to secure an agreement that the past monies owing to members at Ballarat, including interest, be placed into a special fund, with Ballarat also being required to pay into the fund money in accordance with its ongoing obligation under the original judgement, plus interest.
The money will then be paid to members if Ballarat Health Service’s appeal is unsuccessful and the court affirms our favourable judgement.
A call-over will be conducted by the Federal Court on 7 February 2012 to deal will issues that need to be determined prior to the hearing of the appeal. At the call-over, the appeal is likely be set down for hearing in May 2012.
This action by the health service is disappointing. The appeal will cost the Union a significant amount to defend. However HACSU remains confident of our case and will defend the original decision.
The case follows the ongoing refusal of Ballarat Health and other health services to pay these entitlements in accordance with the Certified Agreements.
HACSU took action against Ballarat Health as a test case. Through the proceedings, we secured agreement from the other health services that if the Ballarat Health matter is ultimately successful, then the operative date for the decision including the 6 year back pay for all other health services will be 10 August 2010.
Therefore, defending this appeal is in the interest of all members who receive the commuted allowance.
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