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sanny_1123(Newbie)Newbie
9 July 2021

Hi there,

I have a casual employment contract with my employer. Rate outlined in the contract is $30/hr + superannuation. I have been earning less than $450/per month through out the 20/21 financial year.

My employer did pay me super (even if I earned less than $450/month) in then July - Sept quarter then stopped paying super after that. I queried my employer about this and they just said as I was earning less than $450 a month, they are not required to pay me super.

I am wondering if they are correct? They are not obliged to pay me super, even if the employment contract says my remuneration is $xx + super?

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_MCA_Accountants(Devotee)Devotee
9 July 2021

It would depend on the wording of the entire contract, but generally your employer would be correct.

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Most helpful reply

_MCA_Accountants(Devotee)Devotee
9 July 2021

It would depend on the wording of the entire contract, but generally your employer would be correct.

sanny_1123(Newbie)Newbie
18 Oct 2021

Hi MCA Accountants, Thanks for getting back to me. The contract says "Your ordinary working hours of this period will be no less than 6 hours per week at $25 hourly rate. Payment will be made fortnightly. During this time, your performance will be assessed within the position. The fortnight payment will also be plus superannuation payments." Though it's poor grammar, I think it's quite clear that the contract is saying they are paying super on top of the base payment right? Thanks again.

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Is my employer required to pay me super as outlined in the employment contract regardless | ATO Community