Hello,
Can an employer, by agreement with an employee, pay additional super guarantee as part of a termination payment?
E.g. where an ex-gratia payment is intended to equate to 4 weeks of pay (not lieu of notice), can the employer also pay the equivalent to 4 weeks of super guarantee? Not on the ex-gratia payment per se, as the ex-gratia isn't OTE, but as part of the termination package.
Thank you!
Hello @Nat_tax,
Sure.
You can pay your employees whatever super you like, as long as it's the minimum or above, and you report it to us. ๐. You might want check that won't put them above any relevant caps.
As you know we don't consider Termination payments, that aren't in-lieu of notice, as OTE. So, you're not 'required to' pay super. ๐
Workplace agreements and awards can override the general rules of when to pay superannuation.
Hello @Nat_tax,
Sure.
You can pay your employees whatever super you like, as long as it's the minimum or above, and you report it to us. ๐. You might want check that won't put them above any relevant caps.
As you know we don't consider Termination payments, that aren't in-lieu of notice, as OTE. So, you're not 'required to' pay super. ๐
Workplace agreements and awards can override the general rules of when to pay superannuation.
20 June 2024 ยท 3 min read time
6 Feb 2026 ยท 4 min read time
15 Apr 2026 ยท 4 min read time
241 views
1 replies