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kkuhlbibby(Newbie)Newbie
5 Oct 2022

In relation to awards or agreements do public holidays count as OTE when paying additional/overtime rates?

8,377 views
3 replies
8,377 views
3 replies

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Most helpful reply

PayrollDeanne(Taxicorn)Taxicorn
5 Oct 2022

Hiya @kkuhlbibby

I'm not sure I understand what you mean specifically about "additional/overtime" rates?


If the public holiday was a day that the employee was rostered to work, then:

  1. Not Working - the payment you make to them for NOT working is the same as their base pay - taxed normally, OTE and therefore superable and reported in STP as Gross.
  2. Working - the payment you make to them for WORKING their normal roster attracts additional SHIFT penalties for the public holiday, then the base pay and shift penalty - taxed normally, OTE and therefore superable and reported in STP as Gross.

If the public holiday was a day that the employee was NOT rostered to work, and you require them to work, then that meets the definition of Overtime.


As you know, OTE relates to payments made in respect of their ordinary hours of work. You need to determine, in your example, if those hours form part of their ordinary hours of work (both options 1 and 2 above) or if it is outside of their ordinary hours (overtime) and therefore NOT OTE.


Refer to this other post.


I hope that helps - Deanne


All replies

Most helpful reply

PayrollDeanne(Taxicorn)Taxicorn
5 Oct 2022

Hiya @kkuhlbibby

I'm not sure I understand what you mean specifically about "additional/overtime" rates?


If the public holiday was a day that the employee was rostered to work, then:

  1. Not Working - the payment you make to them for NOT working is the same as their base pay - taxed normally, OTE and therefore superable and reported in STP as Gross.
  2. Working - the payment you make to them for WORKING their normal roster attracts additional SHIFT penalties for the public holiday, then the base pay and shift penalty - taxed normally, OTE and therefore superable and reported in STP as Gross.

If the public holiday was a day that the employee was NOT rostered to work, and you require them to work, then that meets the definition of Overtime.


As you know, OTE relates to payments made in respect of their ordinary hours of work. You need to determine, in your example, if those hours form part of their ordinary hours of work (both options 1 and 2 above) or if it is outside of their ordinary hours (overtime) and therefore NOT OTE.


Refer to this other post.


I hope that helps - Deanne


kkuhlbibby(Newbie)Newbie
6 Oct 2022

Hi,

thanks for the above.


it was more so; public holiday work type is not listed on the ATO OTE list. So is the work type classified as OTE and do the public holiday hours paid (for not working the PH) count towards earning overtime hours on a full-time 38 hour week?


thanks

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public holidays and OTE | ATO Community