ORDINARY TIME EARNINGS AND SUPERANNUATION

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1 Issue 5 March 2013 ORDINARY TIME EARNINGS AND SUPERANNUATION Recently a number of Practices have requested information as to what payments attract superannuation. The Australian Taxation Office (ATO) clarifies this issue by way of a Superannuation Guarantee Ruling. To understand when superannuation is payable it is necessary to define Ordinary Time Earnings (OTE) as it is OTE that attracts the 9% superannuation contribution. What are ordinary time earnings (OTE)? Practices must use ordinary time earnings to calculate the minimum super guarantee contributions required for eligible employees. This ensures all eligible employees are treated the same way for super guarantee purposes under the Superannuation Guarantee Administration Act (SGAA). Ordinary time earnings (OTE) are generally what your employees earn for their ordinary of work, including: over-award payments certain bonuses commissions shift-loadings certain allowances. An employee's ordinary of work' are the specified as their ordinary of work under the relevant award, or contract, or under the combination of documents, that governs the employee's conditions of employment. If the ordinary of work are not specified in a relevant award or contract, the 'ordinary of work' are the normal, regular, usual or customary by the employee, as determined by all the circumstances of the case. This is not necessarily the minimum or maximum number of or required to be. Where it is not possible or practicable to determine the normal, regular, usual or customary of work of an employee, the actual by the employee are taken to be their ordinary of work.

2 (2) If an employee's ordinary time earnings is greater than the maximum contribution base (currently $45,000) for the quarter, the employee's ordinary time earnings is limited to the maximum contribution base. When an employee proceeds on sick, annual or long service leave i.e. actually takes the leave this is considered OTE. A payment in lieu of notice, associated with the termination of an employee s contract of employment, is considered to be OTE and would attract the relevant superannuation payment. This is because this is considered salaries and wages that the employee would have earned during the notice period. Workers Compensation Workers Compensation payments made to an employee when they have returned to work are considered OTE and thus attract the relevant superannuation payment however workers compensation payments made when the worker is not working at not considered OTE and therefore no superannuation is required. What is NOT considered to be OTE: Overtime payments Payments for work performed during outside an employee's ordinary of work are not ordinary time earnings. This applies even if the: payments are calculated at an hourly rate employee gets a specific loading payments are calculated as an annualised or lump sum component of a total salary package that is expressly referable to overtime as remuneration for overtime. However, if overtime amounts cannot be distinctly identified, the actually will be included in ordinary of work. Likewise payment for being on call or via an availability allowance is not considered OTE. Termination payments Termination payments for un-used sick leave, un-used annual leave or un-used long service leave are excluded from ordinary time earnings. However lump-sum arrears payments for unused leave or salary not associated with termination of employment are considered to be OTE. Leave Loading Leave loading, as this has historically been for a notional loss of opportunity to work overtime, is not considered to be OTE. Payments made while an employee is on paid parental leave are also not considered to be OTE.

3 For more information about what is included or excluded from ordinary time earnings, see attached table Payments included in salary or wages and payments included in Ordinary Time Earnings. If there is any doubt as to whether employees are receiving the correct superannuation payment you should seek advice from your Practice s Accountant. Should you have any queries regarding this bulletin please do not hesitate to contact Gary Bucknall gary.bucknall@amawa.com.au or telephone

4 Guide to superannuation for employers Checklist for salary or wages and ordinary time earnings Payments to an employee in relation to: Awards and agreements Overtime - award stipulates ordinary to be and employee works additional for which they are paid overtime rates Salary or wages? Ordinary time earnings? Overtime - agreement prevailing over award Agreement supplanting award removes distinction between ordinary and other ordinary of work stipulated Casual employee: shift-loadings overtime payments Casual employee whose are paid at overtime rates due to a 'bandwidth' clause - all - all - all - all Piece-rates - no ordinary of work stipulated Overtime component of earnings based on 'hourly driving rate' formula stipulated in award Allowances Allowance by way of unconditional extra payment Expense allowance expected to be fully expended Danger allowance Retention allowance Hourly on-call allowance in relation to ordinary of work for doctors Payment of expenses Reimbursement Petty cash Reimbursement of travel costs Payments for unfair dismissal Workers' compensation: returned to work not working

5 Leave payments Annual leave Parental leave - eg maternity leave, paternity leave, adoption leave Ancillary leave - eg jury duty, defence reserve service. Termination payments Termination payments: Bonuses in lieu of notice unused annual leave. Performance bonus Bonus labelled as ex-gratia but in respect of ordinary of work Christmas bonus Bonus in respect of overtime only