Ballarat Health Services is reviewing the Federal Court decision
BALLARAT Health Services has not ruled out appealing yesterday's Federal Court decision, ordering it to back-pay more than $110,000 to 24 mental health nurses.The Federal Court yesterday ruled BHS had underpaid the nurses, and ordered up to $12,000 in allowances paid to each worker.The nurses were originally employed as public servants by the Victorian government, but became employees of BHS after the transfer of mental care to various public hospitals more than a decade ago.Upon the transfer, the staff retained their entitlement to a "commuted allowance" via the creation of a Certified Agreement.Justice Peter Gray yesterday found the correct interpretation of the enterprise agreements covering the nurses, required BHS to pay shift allowances for working outside normal hours on weekends and public holidays in addition to the "commuted" allowance.Chief executive officer Andrew Rowe said last night Ballarat Health Services was reviewing the decision."The decision clearly has wider implications for the health industry," he said. "Ballarat Health Services will consider all of the options including legal avenues."Health and Community Services Union secretary Lloyd Williams said the result was a significant victory.