Superannuation and annual leave loading.

 

In a recent announcement the ATO addressed whether superannuation should be paid on annual leave loading. Historically there has been confusion as to whether superannuation should be paid on annual leave loading as it was argued annual leave loading did not form part of ordinary hours.

However the new Superannuation Guarantee Ruling SGR 2009/2 states, annual leave loading will be ordinary time earnings (OTE) unless it is referable to a lost opportunity to work overtime.

As most awards do not specifically state the reason the annual leave loading entitlement is provided is to compensate for a lost opportunity of overtime under this ruling annual leave loading entitlement is considered part of OTE and therefore superannuation is paid on the loading. 

Only in situations where the Award directly references that the annual leave loading entitlement is to compensate for lost overtime, would superannuation not be paid on the annual leave loading.  This is because the annual leave loading would not be considered as OTE.


ProcessWorx based in Perth, Western Australia, is personally dedicated to helping small business with HR support, HR advice and farm safety. If you require HR support, HR advice, farm safety please contact ProcessWorx on (08) 9316 9896 or email enquiries@processworx.com.au

 

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Marisa Ross

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Marisa is an experienced and motivated HR professional with a strong HR generalist and business operations background with a focus on employee relations, performance management, leadership training & development, workers compensation & injury management, and employee retention. Marisa holds a Bachelor of Human Resource Management and a Bachelor of Behavioural Science with a minor in Counselling. Having worked in a variety of industries from SMEs to large blue-chip organisations, Marisa is passionate about enriching employee experience, employee retention, and building leadership capability in people management.

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Aimee has a strong understanding of Workplace Health and Safety Legislation and standards and has extensive HSEQ experience in a number of industries. Aimee has a great ability to engage across all levels of organisation, including field teams, leadership and external stakeholders. Aimee ensures Health and Safety Management Systems are compliant to legislation, effectively implemented and understood by all. Aimee has a Certificate IV in Work Health and Safety and qualifications in auditing and incident investigations. Aimee is passionate about coaching and developing small businesses towards a positive safety culture.