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OT meal allowance and super

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Hi,

I’m questioning OT meal allowance and super. I am a casual nightshift worker but it seems my super is calculated on day shift rates and only for Monday - Friday, however the business I work in operates 7 days a week. Is this legal to calculate super on a day shift rate even though my evening rate is time and a half, therefore I’m realistically not getting the right amount of super?

Also can some one please clarify OT and meal allowances, I always generally get meal allowance now I’m working on a different site and did over 60 hours this week and my company has said no you don’t get meal allowance because the site you’re on. Can someone please explain this or show me a legal document stating the rules of OT meal allowances?

Thank you!
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Hi @Kendz28

 

Thanks for your post.

 

The minimum super that you should be paid each quarter is called the super guarantee (SG). Currently the SG is 9.5% of your ordinary time earnings (OTE).

 

For more information about SG and how much to pay, have a look at our website.

 

As a casual employee, OTE is usually the amount you earn for your ordinary hours of work, unless specified in an award or agreement. To find out what your ordinary hours are, we recommend that you have a look at the applicable document.

 

If you're not sure what that document is, you may need to get in touch with the Fair Work Ombudsman. They are also the best people to ask about your meal allowance eligibility. Refer to the contact us page on their website.

 

If your time and a half evening rate is due to a shift loading, SG is payable at 9.5% of the time and a half rate as shift loadings are considered OTE. If it is an overtime rate, SG isn't payable as overtime isn't OTE.

 

We have a checklist on our website that you can check out if you like. It details a number of common payment types and helps employers identify what payments are considered OTE.

 

If after checking out your award or agreement you don't believe your employer is paying your super correctly, you may want to have a read of the unpaid super from your employer page. It suggests what steps you should follow.

 

Hope this helps.

 

Thanks,

 

ChrisR

1 REPLY 1

Most helpful response

ATO Certified Response

Community Moderator

Replies 0

Hi @Kendz28

 

Thanks for your post.

 

The minimum super that you should be paid each quarter is called the super guarantee (SG). Currently the SG is 9.5% of your ordinary time earnings (OTE).

 

For more information about SG and how much to pay, have a look at our website.

 

As a casual employee, OTE is usually the amount you earn for your ordinary hours of work, unless specified in an award or agreement. To find out what your ordinary hours are, we recommend that you have a look at the applicable document.

 

If you're not sure what that document is, you may need to get in touch with the Fair Work Ombudsman. They are also the best people to ask about your meal allowance eligibility. Refer to the contact us page on their website.

 

If your time and a half evening rate is due to a shift loading, SG is payable at 9.5% of the time and a half rate as shift loadings are considered OTE. If it is an overtime rate, SG isn't payable as overtime isn't OTE.

 

We have a checklist on our website that you can check out if you like. It details a number of common payment types and helps employers identify what payments are considered OTE.

 

If after checking out your award or agreement you don't believe your employer is paying your super correctly, you may want to have a read of the unpaid super from your employer page. It suggests what steps you should follow.

 

Hope this helps.

 

Thanks,

 

ChrisR