Meal Break Penalty Payments Claim Update

22 June 2018

PSA General Secretary Nev Kitchin, PSA Manager Policy and Strategy and PSA Legal Representative of Johnson Withers, attended a member meeting at Adelaide Youth Training Centre (AYTC) on Monday 18 June 2018.

The purpose of the meeting was to provide an update to members regarding the meal break penalty payments claim. Mr Withers presented an outline of the essential legal arguments required in progressing the claim and Mr White provided a motion for members present to vote on.

The motion following is the motion that was passed unanimously at the AYTC membership meeting:

        "This meeting of PSA members has heard a report from the PSA and its legal advisor about the current money claim for AYTC members.

        We acknowledge the long period of time this issue has been under consideration and express our frustration at this.

        This meeting of members asks the PSA to take all steps necessary to achieve the best possible outcome for members in respect of the retrospective underpayment claim, and a formal arrangement for the future.        

        This meeting authorises the PSA to engage in negotiations with the government for a short period in order to determine whether a (negotiated) outcome suitable to members is possible."   

A directions hearing that was scheduled for Wednesday 20 June 2018 has been postponed to facilitate genuine negotiations to proceed.

Members have provided the PSA with information that provides evidence of consistently requesting the lunch break. Any other member who would like to provide further evidence can contact PSA by email.

PSA representatives are in the process of retrieving the Kronos Book from Business Services which provides further evidence where members repeatedly noted time worked that did not allow for a meal break.

The PSA will keep members fully informed as negotiations with the employer progress.