im contracted by an agency to work for a bank. I’m working Wednesday to sunday. My contract agency just said the weekend work is classified as overtime and not normal time with penalty rates so I’m not getting any super on it. Even though I’m working 37.5 hours, I’m only getting paid superannuation for 22.5 hours. Is that legal?
Hi @Flyingcircle12,
For independent contractors, the minimum super an employer must pay is the super guaranteed percentage of the worker's ordinary time earnings (OTE). This is the labour component of the contract and doesn't include:
This means super is not legally required to be paid on overtime hours, even if your OTE are under 37 hours.
It also depends on what counts as 'overtime' and 'OTE' in your contract. You can lodge a query with us, if you're unsure whether the employer is paying your super properly.
It might also be worth speaking with Fair Work about minimum hours you should be paid under OTE.
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