Hi,
We have a mixed bag of employees, once covered under the SCHADS award and others are Award Free. If a person is not able to work at all due to work accident, and is receiving compensation from the insurer should you pay superannuation on the weekly amount for those covered under the SCHADS award and Award Free?
Many Thanks in Advance,
EP
Based in WA.
Hey @EP53,
You'll need to direct this question to Fair Work Australia and your state’s workers compensation regulator.
Hiya @EP53 👋
Firstly, let's distinguish between super guarantee (SG) obligations defined under the Superannuation Guarantee (Administration) Act 1992 and industrial superannuation (not SG) required under Awards or Agreements.
Secondly, paid workers' compensation absences are excluded salary or wages (not OTE) and SG is not payable.
Thirdly, under SCHADS clause 23.5, additional superannuation is to be paid (not SG) ONLY, as per 23.5(b)(i):
(i) the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with the statutory requirements
If they are receiving workers' compensation directly from the insurer, then you don't meet the condition to pay additional superannuation under the Award (not SG).
Deanne
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