Union gets Super payments for nurse on Workers' Compensation

Lamp, The, April, 2008

Public sector nurses receiving Workers' Compensation are entitled to be paid superannuation contributions on their payments.

Injured nurses and mid wives should check with their superannuation fund to make sure their employer is treating Workers' Compensation payments as salary for the purposes of superannuation.

A NSWNA member in Newcastle spent two years off work due to injury. During that time superannuation contributions were made on her Workers' Compensation payments.

The member returned to work at John Hunter Hospital in March 2007. On medical advice she was restricted to working 20 hours per week, and received Workers' Compensation 'make up pay' to cover the additional 13.5 hours she was contracted for before she got injured.

The member suspected she was being paid superannuation only for the 20 hours and called the State Authorities Superannuation Scheme, who said her employer had not notified them that she was also receiving Workers' Compensation make-up pay.

She contacted the NSWNA who wrote to Hunter New England Area Health Service.

The NSWNA pointed out that the State government had agreed in 2002 that weekly Workers' Compensation payments, including make-up payments, would be included in the definition of salary or wages for the purposes of superannuation for all public sector workers.

The Area failed to give a written response to the NSWNA claim so the union took the issue to the Industrial Relations Commission.

Following a conference before the Commission, Area management accepted the union's claim and apologised to the nurse.

NSWNA Assistant General Secretary, Judith Kiejda, advised all members receiving Workers Compensation and make-up pay to contact their superannuation fund to make sure their employer is paying superannuation on all relevant Workers' Compensation payments.

'If the employer has failed to make superannuation payments on all relevant weekly Workers' Compensation payments it is a mistake that could cost the nurse a lot of money down the track,' Judith said.