Thanks Deanne, I understand the organisation determines how it applies ordinary hours under an award or agreement.
My question is about the limits of that in the context of the Superannuation Guarantee (Administration) Act.
If it is ultimately left to the employer to determine what constitutes ordinary hours, what prevents an outcome where only a small portion of a roster (for example, 8 hours out of an 84-hour swing) is treated as ordinary hours, with the remainder classified as overtime — effectively reducing superannuation obligations?
In my case, the hours worked were mandatory and formed part of a regular, rostered 7 days on / 7 days off pattern of 12-hour shifts. These were not optional or additional hours — they were the standard working arrangement for the role.
There were occasions where additional hours beyond the roster were offered, and those could be declined, which seems more consistent with what would ordinarily be considered “overtime”.
Given that, I’m trying to understand how the ATO would distinguish between:
- genuinely additional overtime hours; and
- regular, rostered hours that form part of the ordinary pattern of work but are labelled as “overtime”.
Appreciate any guidance on how that distinction is applied in practice.