After considerable lobbying, it appears that the ATO has backed down and regular overtime is not going to count for the purpose of calculating the entitlement.   Employers should ensure that they are aware of the new ruling and their obligations.  We regularly find employers that are paying too much superannuation and if it is overpaid then it is nearly impossible to get back.  It is also vital that employer pay their contributions on time because there are significant penalties for non-compliance and the capacity to treat payments as an expense is also compromised.

If you require further information, you can ring the ATO on 13 10 20 or via the web on www.ato.gov.au

.