Loading
This thread is archived and the information may not be up-to-date. You can't reply to this thread.
tresalgbp(Initiate)Initiate
20 Nov 2023

Good morning, my understanding is that although workers compensation is not considered OTE through the ATO , where a person is receiving payments for workers compensation through a direct employer the super guarantee is still payable. I note I have checked the EBA which states this must be paid and also Fair Work, however as the ATO site states not OTE and therefore not payable so there is some confusion in this instance. Can you please confirm which is correct.

929 views
1 replies
929 views
1 replies

Most helpful response

Most helpful reply

Deb_ATO(Community Support)Community Support
21 Nov 2023

HI @tresalgbp


It depends if the employee has returned to work.

If the employee isn't working, the workers compensation payments are not treated as salary or wages or OTE for SG.


Check out your relevant state or territory workers compensation authority for any further advice.

All replies

Most helpful reply

Deb_ATO(Community Support)Community Support
21 Nov 2023

HI @tresalgbp


It depends if the employee has returned to work.

If the employee isn't working, the workers compensation payments are not treated as salary or wages or OTE for SG.


Check out your relevant state or territory workers compensation authority for any further advice.

Loading
Is super guarantee payable for a person taking workers comp leave where payments for w comp are made | ATO Community