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Lavers

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3 hours ago, Lavers said:

Ok thanks...didnt know if there was a norm

For the average worker, the salary is usually quoted without the super (i.e. "salary is xx,0000 + super).  For management, it is nearly always quoted with super inclusive, and perhaps other things as well, (i.e. "a salary package of xxx,0000").  

However, as has already been said, there is no rule and no legal requirement for employers to express it in a particular way.  So you have to check. 

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5 hours ago, Marisawright said:

For the average worker, the salary is usually quoted without the super (i.e. "salary is xx,0000 + super).  For management, it is nearly always quoted with super inclusive, and perhaps other things as well, (i.e. "a salary package of xxx,0000").  

However, as has already been said, there is no rule and no legal requirement for employers to express it in a particular way.  So you have to check. 

The legal requirement is that they pay the super on top of the salary - but that applies to what they put in your contract not what they put in the advert. Indeed if your contract were to say $x inclusive of super that still wouldn't breach the legal requirement as that really dates back to when Super was first introduced so nobody had it mentioned in their contract.

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2 hours ago, Ken said:

The legal requirement is that they pay the super on top of the salary - but that applies to what they put in your contract not what they put in the advert. Indeed if your contract were to say $x inclusive of super that still wouldn't breach the legal requirement as that really dates back to when Super was first introduced so nobody had it mentioned in their contract.

could you clarify that please? If an advert mentions a salary range with no mention of super, then salary discussion and contract states $x inclusive of Super this is correct/legal I assume?

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On 26/04/2019 at 18:25, aurora said:

could you clarify that please? If an advert mentions a salary range with no mention of super, then salary discussion and contract states $x inclusive of Super this is correct/legal I assume?

Well it's legal but it's not correct to put a salary as inclusive of Super in a contract. It may even stop being legal if the rate of Super increases from it's current 9.5%. If that happens then (according to the contract) the employee's salary would reduce. In any application to Fairwork they're going to rule against the employer in that circumstance. I did have a client whose contracts were all on a Super inclusive basis when the rate went up from 9% to 9.5%. We kept them legal by increasing all the employees Super inclusive rates - but frankly it's just stupid to phrase a contract on a super inclusive basis. Do it in an advert if you must to attract interest in a position but not in a legally binding contract. Although the benefits of Super eventually go to the employee it is a tax on employers and should be treated as such. You don't see employers including Payroll Tax and Workcover in their advertised rates so why do they think they can get away with including Super?

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