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.

IMPORTANT INFORMATION ABOUT OPTING OUT

If you are, or you think that you may be a group member, you should read the documents below carefully. 

The Notice (a copy of which is below) contains important information about your rights to: 

(1) opt out of the proceeding; or 
(2) do nothing.

If you do not wish to be a group member and do not want your rights determined by the class action you must opt out by 4:00pm (AEST) on 12 September 2025.

To opt out, you must either:

• complete the online opt out notice; or
• complete the opt out notice found at Annexure B of the Notice and return via email or post to the address on the notice for the Registry of the Supreme Court of Victoria. 

For further information about opting out, please refer to the Notice to Group members.

If you do nothing, you will remain a group member of the ESSSuper Class Action and will be bound by any settlement or judgment of the proceeding.

The definition of a "group member" is set out in the Notice.

Notice to Group Members
Order of the Honourable Justice Watson made 1 July 2025