Hiya @lakchear 👋
Super Guarantee (SG) is payable on ordinary time earnings (OTE) that is payments in respect of the ordinary hours of work. Definitely not payable on overtime, regardless if it was planned or unplanned, as it's work performed outside of the ordinary hours of work.
If you were paid an overtime meal allowance, it would be outside the ordinary hours of work and intended to compensate for the expense of a meal so would not be OTE and no SG would be paid.
If you have questions about if your employer is paying you everything they should, then seek assistance from the Fair Work Ombudsman.
Deanne
Author: JASLKCH(Initiate)Initiate 25 Feb 2025
But those overtime was recurring week after week, we start work at 6am and end at 5pm week after week. (aren't deemed to be an ordinary time earning ?) plus those overtime was not been paid overtime meal allowance as the company claimed that was a scheduled overtime day after day. Therefore everyone can bring their own meals. I think this is a loop pole of the laws allowed company to take advantage of this situations. it is not effected me alone. this company employed a thousand of workers and has been practice in this way. No wonder, all the workers received little super. The company can get away from paying overtime meal allowance and yet avoiding pay super (SG) through scheduled overtime (legally?) through the word overtime. infact those pattern recurring day after day, week after week and month after month, should deemed as an OTE and super should pay on it. I guess this is the hole where company can take advantage of it.
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