Real Estate Employee's and Employers Super Question

[PrimeCommercial]

Hey all,

Just after the suggestions/advice from anyone in the know with regards to the 9% super paid to real estate employee's

I've searched the net endlessly, spoken to the ATO & Fair Work Australia and cant get a straight answer.

From what I can come up with the 9% super is paid on OTE (ordinary Times Earnings).

It seems as though all commisions paid to real estate agents are included in OTE.
I've come across several old articles (pre 2006) that suggest that allowances paid to agent including phone and car allowances are not included in OTE and therefore employers do not pay the 9% super on.
I recall a couple of years ago (around 2010) the ATO revised what was included in OTE for real estate agents.
Can anyone confirm if car & phone allowances are excluded from OTE for real estate agents and if commissions paid to agents are included.

Thanks in advance.

 

[Shaneelastic]

yes on comms

no on allowances

im not backing it up with legislation

should really be stated in the contract though as mine is.

 

[Lil Skater]

yes on comms

no on allowances

im not backing it up with legislation

should really be stated in the contract though as mine is.

Same as my contract.

 

[PrimeCommercial]

Thanks for the feedback.

I didnt sign a contract with my current employer, I was flat out getting a letter of offer before agreeing to work for them so I have to relying on legislation for my entitlements.

 

[Crabnet]

http://www.ato.gov.au/businesses/content.aspx?menuid=0&doc=/content/00249857.htm&page=26&H26

Ordinary time earnings are generally what your employees earn for their ordinary hours of work, including:

over-award payments
commissions
shift-loading
allowances
bonuses.

However the grey area appears with allowances and whether or not they are expected to be fully expended.

Allowance by way of unconditional extra payment are OTE

Expense allowance expected to be fully expended aren't OTE