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Payroller77(Enthusiast)Enthusiast
25 Feb 2021

We have employees working prior to their normal rostered time, and is being paid overtime/penalty rates.

Their agreement/Award states that they should have a min. base hours of 38hrs plus super.

Currently the overtime makes up their 38hrs plus super.

Are they entitled to super on the penalty rates then?

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2 replies
837 views
2 replies

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Most helpful reply

BlakeATO(Community Support)Community Support
28 Feb 2021

Hi @Payroller77,


Generally, no.


Overtime payments are not superable, and nor are most loading payments. The only exception we account for is casual shift loadings (that is, the wage increase casual's receive as compensation for not having leave entitlements).

It depends on the award or agreement, though, so you should also have a read through the award, and seek advice from Fair Work if your award doesn't line up with our general advice/guidance to check.


You can read our checklist for super on our website, and access awards and agreements on the Fair Work website.

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Most helpful reply

BlakeATO(Community Support)Community Support
28 Feb 2021

Hi @Payroller77,


Generally, no.


Overtime payments are not superable, and nor are most loading payments. The only exception we account for is casual shift loadings (that is, the wage increase casual's receive as compensation for not having leave entitlements).

It depends on the award or agreement, though, so you should also have a read through the award, and seek advice from Fair Work if your award doesn't line up with our general advice/guidance to check.


You can read our checklist for super on our website, and access awards and agreements on the Fair Work website.

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Super on Penalty Rates Paid As Part of Normal Hours | ATO Community