I work for a major Australian company employed on a common law contract.
the basis of the agreement is a Fixed Annual Remuneration (FAR)
Ordinary hours are 38 per week, however I must work a regular and continuous 24/7 12hr roster which requires me to work 42hrs per week. The additional 4 hrs are considered "reasonable additional hrs" in my contract. They form part of my base salary.
There are 10 of us doing exactly the same roster, doing the same work and with the same responsibilities, however we are all being paid very differently with some earning up to 50k more than others.
My FAR is calculated by adding 11.5% on top of my base amount.
In normal simple circumstances that would appear correct, however I also receive a shift penalty amount which is added to my base plus super (FAR) to produce my total salary.
It appears I receive no super on my shift penalty allowance.
I have read the ATO document "list of payments that are ordinary time earnings..." regarding what constitutes Ordinary Time Earnings (OTE) for superannuation and it appears shift penalties should first be added to my base then super calculated on the total.
Could someone please clarify and advise if my understanding is correct and what avenues I may have for recourse with my very large employer?
Many thanks
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