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Ordinary time earnings (OTE)
Until mid-2008, employers were faced with two definitions of OTE when calculating employer superannuation contributions: the applicable SG Ruling of the ATO and the definition of OTE under the applicable award/agreement, with the latter usually prevailing. However, one definition of OTE now applies, with a recent SG Ruling by the ATO operative from 1 July 2009.
This Ruling now provides the only definition of OTE for the purposes of calculating employer superannuation contributions with respect to employees under an industrial instrument. An employee with a definition of OTE under their individual contract of employment that provides a more beneficial outcome with respect to employer superannuation contributions will prevail over the SG Ruling. SGR 2009/2 applies to payments made to employees in the quarter commencing 1 July 2009 and all later quarters. The Ruling replaces previous superannuation guarantee rulings SGR 94/4 and SGR 94/5. The table of payments is as follows:
Amounts INCLUDED
Over award payments; shift loadings; commission payments; allowances or loadings related to an employee’s work, eg casual loading, site allowance, dirt allowance, freezer allowance, danger allowance, retention allowance, etc; bonuses related to ordinary hours of work, eg performance bonus, bonus labelled as ‘ex-gratia’ but in respect of ordinary hours of work, Christmas bonus; piece rates; paid leave and holiday pay; lump sum arrears payments of unused leave or salary and wages (other than on termination); payments in lieu of notice; workers compensation (returned to work); directors’ fees.
Amounts EXCLUDED
Overtime payments; lump sum payments on termination, eg payment in lieu of unused sick leave, annual leave or long service leave payments; on call or availability allowance (except doctors); paid parental leave or other kinds of ancillary leave; leave loadings; ‘top up’ payments, eg jury service payments, defence reserve forces; private or domestic work under 30 hours per week; fringe benefits and other non-cash payments; some workers compensation payments (not working); expense allowance payments and reimbursement of expenses incurred by the employee; redundancy payments; payments for unfair dismissal.
http://www.workplaceinfo.com.au/ ... uation-guarantee-sg
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