I work as a contractor for a labour hire, to a mining company in Emergency Services. I get paid 35 hours super per week but work 84 on a 2/2 roster. On my payslip under overtime half the hours are listed and the other hours state ordinary time....Its all paid at the same rate. Should I be paid super on all hours?
Am I an employee or a contractor?
G'day @Sonicmoo 👋
The legal obligation for employers/payers is to pay 12% super guarantee (SG) on ordinary time earnings (OTE), as per the ATO guidance. As you can see, overtime is not OTE, so no SG is payable 😉
It's the same for contractors who meet the eligibility for SG.
Check your contract of employment or engagement about your contracted hours of work and the make-up of those hours.
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