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Levos05(Newbie)Newbie
3 Feb 2022

I am a casual employee working a rolling 35hr roster - 5 days per week. Invariably I work weekends (2x hr rate) and public holidays (2.5x hr rate). My employer claims these are OT and not subject to Super. However they form part of my standard 35hr allotment and I believe they are OTE and as penalty rates they attract super contributions

5,689 views
1 replies
5,689 views
1 replies

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Most helpful replyATO Certified Response

RichATO(Community Support)Community Support
ATO Certified Response5 Feb 2022

Hello @Levos05


Do you have a written agreement in place stating your standard hours of work ? If these include the hours you are working now then they are definitely included in your OTE (Ordinary Time Earnings) and your employer must pay you the 10% super guarantee for these hours. Shift loading payments and piece rates where there are no set standard hours are also included in OTE.


You can refer your employer to this page covering the list of payments that are ordinary time earnings for more information.


Casual employee overtime payments are not included in OTE for super payments. Overtime needs to be easily identified as additional hours to your regular standard hours.

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Most helpful replyATO Certified Response

RichATO(Community Support)Community Support
ATO Certified Response5 Feb 2022

Hello @Levos05


Do you have a written agreement in place stating your standard hours of work ? If these include the hours you are working now then they are definitely included in your OTE (Ordinary Time Earnings) and your employer must pay you the 10% super guarantee for these hours. Shift loading payments and piece rates where there are no set standard hours are also included in OTE.


You can refer your employer to this page covering the list of payments that are ordinary time earnings for more information.


Casual employee overtime payments are not included in OTE for super payments. Overtime needs to be easily identified as additional hours to your regular standard hours.

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