Light at the end of the tunnel regarding SECC underpayments

Posted on 22 July, 2024

Community and Disability Sector

Last November, members from South Eastern Community Care alerted us to potential underpayments. The District Nurses also contacted HACSU to report they had found the underpayment issue in the first pay run after the merger.

It has been quite some time since this issue was first discovered, but there is now light at the end of the tunnel. HACSU met with TDN requesting an update and TDN advised they had engaged a third party to cross-check all potential underpayments and have now completed the investigation.

The underpayments found related to:

• Pay point progression – after completing 12 months of employment, your pay point increases to the next pay point in your level classification upon demonstration of competency and satisfactory performance. This is not to be confused with progressing from one level to another, the process for progressing from one level to the next is via promotion or reclassification.

• Multiple periods of engagement 12-hour span – this is the maximum span of hours to be worked. If you worked beyond the 12-hour span, the South Eastern Community Care Agreement states you must be paid the rate of double time. It is also important to remember, under the ordinary hours clause of the Agreement, the maximum hours to be worked per day/shift is 8 hours or 10 hours by mutual written agreement.

• Minimum engagement – under the South Eastern Community Care Agreement, casual and part-time, the minimum period of engagement is 2 hours. This means if you had been rostered to work a 1-hour shift, SECC were required to pay you a minimum of 2 hours.

• 10-hour break – if you had been rostered to work without having a 10-hour break between (with the exception of a sleepover) each day’s work, your entitlement is to be paid at overtime rates i.e. double time as per the South Eastern Community Care Agreement.

TDN informed us they expect to begin payment of eligible backpay this week. This will be to former SECC employees who are currently employed by TDN. After this is complete, TDN will then track down any employees who have left since the merger. If you are a former SECC employee, or are still in contact with former employees, I strongly encourage you to contact TDN to check if you are eligible for backpay as they may not have your contact details.

If you have further questions, TDN will have a specific email for communication to address your concerns. We encourage you to use this as your first point of contact. If you find you are not receiving the help you need or having your questions answered, contact [email protected] and we will follow this up on your behalf.

For more information about this or any other industrial matter, members should contact HACSUassist on 1300 880 032 or email [email protected] or complete our online contact form

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