The PSA has succeeded in making gaining significant progress in the meal allowance dispute we lodged against the Department of Education.
The dispute concerns Clause 29.1.3 of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009. It provides for a lunch meal allowance when an employee travels at least 100 kilometres in a day and is more than 50 kilometres from their normal headquarters at the time of their lunch break.
For more background on the dispute, members can read our previous bulletin HERE
The PSA’s position is that:
- Employees meeting the criteria in Award clause 29.1.3 for a lunch time meal allowance are entitled to be paid the allowance, irrespective of whether travel is regular and/or part of the normal duties of their role.
- Lunch meal allowances must be paid if Award criteria are met.
- Paying for lunch on a P-card does not meet the Award requirement; eligible employees are entitled to the allowance amount as published in Premiers Circular (C2026-04)
Department agrees to apply the award clause – meal allowances now payable
After the Department failed to admit the breach, the PSA notified a dispute and sought the assistance of the Industrial Relations Commission.
The parties appeared in the Commission for compulsory conciliation in mid-September 2026. The matter was not resolved in the first conciliation and was listed for report back/further conciliation.
The PSA continued to press our case and last week the Department has agreed to apply the award in accordance with the PSA’s interpretation effective from 12 October 2026.
This is a significant breakthrough in our dispute.
The Department later proposed prospective arrangements and backpay for affected employees. After reviewing the proposal, the PSA identified further potential breaches of Clause 29 and expanded the issues in dispute.
What’s next?
With the oversight of the Commission, the parties are continuing ‘without prejudice’ discussions. The PSA is seeking backpay for unpaid allowances and correction of the inaccurate advice to staff concerning their entitlement to allowances under the Award. The parties are still working through how backpay will be addressed.
The matter is listed for further conciliation in November 2026 to progress the outcomes sought with the option to return to the Industrial Relations Commission prior to that if required.
What should members do?
If you believe you should have been paid lunch meal allowances due to travelling 100kms or more for one-day work visits in your role, keep records of your authorised work-related travel and any meal allowance claims you have made, including denied claims.
The PSA will continue to keep members updated as the matter progresses.