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Autumn 2003

HACSU wins Super backpay of $6,652 for members

HACSU has won a back-payment involving a substantial amount of superannuation for three members providing round-the-clock care to a client.

The members, employed under the Community Services Award, contacted the HACSU office over work injuries. Members wanted advice on procedures for making workers compensation claims.

On investigation HACSU discovered the employer did not have workers compensation cover, and was paying an "all in" wage rate which did not include superannaution.

The union referred the issue of workers compensation cover to the Workplace Standards Authority - this body is currently pursuing this matter - and, after a very drawn out process and much consultation with the members, took the employer to the Industrial Relations Commission to recover the unpaid superannuation.

At the Commission hearing HACSU presented the evidence and the Commissioner agreed that the superannuation, plus the accrued interest, had to be paid.

Provision was made for the employer to make the payments in installments over a 12 month period.

HACSU State Secretary, Chris Brown, said all members should be aware of their rights and should contact the union immediately if they believed they were not receiving all of their entitlements.