South Western Sydney LHD has made an offer to settle the backpay claim for Infectious Cleaning for the period 2018 to 2023. This is reflective of the period when the employer on the instructions of NSW Health stopped the payment of the entitlement while the matter was disputed in the NSW IRC.

The offer has now been put to members for their view. It’s similar to the settlement of this issue in several other LHDs and is as follows:

• The LHD have set the average used for the calculation of the back pay at 28 occasions per week.
• This calculation means that a full-time employee in the disputed period will be paid $5,000 gross (before tax) and part time/casuals will be paid at the relevant pro rata rate.
• If you commenced employment after the date when they stopped payment but before they restarted payment, you will be paid at the relevant pro rata rate.
• The LHD has committed to paying this amount to members as soon as possible and to do so in an off-pay week to ensure that members pay as little tax on the amount as possible.

The HSU is required to inform the LHD that members accept this settlement before the payments commence. The alternative would be to commence proceedings in the NSW IRC seeking back pay for the group, but each person would be treated as an individual claim based on the evidence collected.

Now it’s time to have your say! If you are affected, make sure to vote on the offer at the below link by close of business, Friday 3 January.