ESSSuper (Transport Fund) Class Action
Omni Bridgeway has agreed to fund a class action brought by Gordon Legal against Emergency Services & State Super (ESSSuper) in respect of the miscalculation and underpayment of Transport Fund members’ superannuation entitlements.
Background
ESSSuper is responsible for managing the superannuation of more than 127,000 members, holding over $36 billion in assets. The ESSSuper Board has been accused of breaching its obligations to members of the Transport Fund by miscalculating and failing to pay superannuation benefits to shift workers.
Class Action Eligibility
The class action covers former members of the Transport Fund who are retired, resigned or retrenched and members of the Transport Fund who are still working. You may be a group member of this class action if:
- You are or have been a member of the Transport Fund; and
- You performed recognised service within the last two years you were a member of the Transport Fund;
- You worked shifts as a member of the Transport Fund; and
- You received a shift penalty allowance in the last two years you were a member of the Transport Fund; and
- You received or became entitled to receive a retirement benefit; or
- Your shift penalty allowance has not been approved by the ESSSuper Board.
The Claim
The class action alleges the ESSSuper Board breached its obligations to members of the Transport Fund by failing to include shift penalty allowances in the calculation of “salary”, for the purpose of calculating superannuation benefits.
In respect of those group members who have retired, resigned or been retrenched, and who have already had their final superannuation entitlements calculated, the class action demands that ESSSuper pay them the amount they have been underpaid.
In respect of those group members who have not yet retired, the class action demands that ESSSuper be made to calculate super entitlements with the inclusion of shift penalty allowances.
Will it cost anything to participate in the class action?
The class action is being funded by Omni Bridgeway on a “no win, no pay” basis. This means that you do not have to pay anything in the event that the class action proceeds, and your claim is ultimately unsuccessful. If your claim is successful Omni Bridgeway will be entitled to receive certain amounts but only from what is recovered.
Gordon Legal will also be entitled to their share of “Remaining Costs” as defined in the funding agreement, but again only from what is recovered. Fees recovered by Gordon Legal will not exceed any amount approved by the Court in respect of legal fees.
How to take part in the class action
The class action will be brought on an ‘open’ basis. This means that all persons who meet the above eligibility criteria will be group members in the class action, whether or not they sign a funding agreement with Omni Bridgeway. Should eligible persons not want to be a part of the class action, they will need to opt out pursuant to a procedure implemented by the Court in due course.
Omni Bridgeway encourages all eligible persons who do not wish to opt out to sign a funding agreement so that they can be recorded as ‘known’ funded group members, which will ensure they receive regular updates about the class action and, most importantly, so that any distribution from the proceeds of the class action to which they are entitled are properly paid to them.
IF YOU WISH TO FIND OUT MORE – You can email us at [email protected]