Is Super payable if only working weekends as Casual even though Award / Agreement states Ordinary hours on weekends.
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G'day @Gulfwizz64 👋
If your Arard or Agreement states that your weekend work is ordinary hours of work, that usually attracts shift penalties, then it is ordinary time earnings and super guarantee must be paid by your employer, as per the ATO guidance. 🤓
If your employer isn't paying super, follow the steps in this ATO guidance.
Deanne
Sorry, meant to say Award states ordinary hours Mon-Fri.
However noted following from SGR 2009/2
26. An award or agreement may itself have a definition of 'ordinary time earnings' that purports to apply for superannuation purposes. However, the central question posed by the definition of OTE in the SGAA is what amounts are 'earnings in respect of ordinary hours of work'. This could in some cases be a different amount from any purported amount of 'OTE' in the award or agreement. As mentioned in paragraph 13 of this Ruling, the Commissioner accepts that 'ordinary hours of work' are as determined by the relevant award or agreement, but that does not imply that OTE itself is necessarily as determined by the award or agreement.
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