ESSSuper Group Proceeding (Class Action)

This is a group proceeding (class action) brought on behalf of certain former and current members of the Transport Superannuation Fund (Transport Fund) administered by the Emergency Services Superannuation Board (ESSSuper). It is alleged that ESSSuper breached certain duties owed to Transport Fund members by not including shift penalty allowances when calculating “salary”, in order to determine super benefits. It is alleged that this caused the miscalculation and underpayment of super benefits of Transport Fund members. 

The group proceeding covers former members of the Transport Fund who retired, resigned or were retrenched (Former Fund Members) and members of the Transport Fund who are still working (Current Fund Members). 

The group proceeding is seeking that ESSSuper pay the amount Former Fund Members alleged to have been underpaid and that ESSSuper be made to calculate super entitlements with the inclusion of shift penalty allowances for Current Fund Members.