Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
When you’re hiring (or even just budgeting for your first hire), salary terminology can feel deceptively simple. You agree on a number, put it in the contract, and pay it out - right?
In practice, the difference between base salary and gross salary can create real risk for small businesses and startups. If you’re not crystal clear on what each term means, you can accidentally:
- overpromise in an offer letter or employment contract,
- underbudget the true cost of a role,
- miscalculate leave, superannuation, or payroll tax obligations, or
- end up in a dispute when an employee believes they’re being underpaid.
This guide breaks down base salary vs gross salary in plain English, explains why the distinction matters in Australia, and gives you practical ways to set up your remuneration documents so everyone is aligned from day one.
What Is Base Salary (And What Usually Isn’t Included)?
Base salary is the fixed amount you pay an employee for performing their role - before you add extra payments or benefits.
In most workplaces, base salary is the “core” annual amount (or hourly equivalent) that applies to the employee’s ordinary hours, as agreed under their employment arrangement.
What Base Salary Commonly Covers
Base salary typically covers:
- the employee’s ordinary duties for their role,
- their ordinary hours of work (as set out in the contract and/or applicable award or enterprise agreement), and
- the fixed amount you pay regardless of performance bonuses or variable allowances.
What Base Salary Usually Does Not Include
Base salary usually does not include other payments and benefits such as:
- bonuses (discretionary or KPI-based),
- overtime or penalty rates (where applicable),
- allowances (e.g. travel, first aid, uniform, on-call),
- commissions (common in sales roles),
- salary packaging benefits (e.g. additional super contributions, certain fringe benefits),
- superannuation (often talked about separately, but sometimes included in a “package”).
This is why the words you use in your contract matter. If you say “salary package” in one place and “base salary” in another, you can unintentionally create ambiguity about what the employee is actually entitled to.
Getting the definitions right upfront in your Employment Contract can prevent misunderstandings later - especially if you’re a startup moving quickly and hiring as you grow.
What Is Gross Salary In Australia?
Gross salary generally refers to an employee’s earnings before deductions are taken out. In practice, the term can be used in different ways depending on the context (for example, base pay only, or total gross earnings for a period including other payments).
Those deductions might include PAYG withholding (income tax), any employee-authorised deductions, and other withholdings required by law or agreed arrangements. (If you need help with tax treatment or reporting, it’s best to speak with your accountant or check the ATO guidance, as this article isn’t tax advice.)
Gross salary is often discussed in payroll contexts because it’s the amount used as the starting point for calculating:
- PAYG withholding (tax),
- superannuation contributions (depending on what counts as ordinary time earnings),
- leave accrual calculations (depending on how the employee is engaged), and
- other statutory or contractual entitlements.
Is Gross Salary The Same As “Total Remuneration Package”?
Not necessarily.
Many employers use “gross salary” to mean the employee’s gross earnings for a pay period (e.g. fortnightly gross pay). A “total remuneration package” may also include additional items like superannuation and other benefits - but it depends entirely on how you define it in the contract.
This is where small businesses can get caught out: one person thinks “gross salary” includes super, another assumes it’s exclusive of super, and your contract wording is the only thing that can settle the question cleanly.
Base Salary vs Gross Salary: The Key Differences (With Practical Examples)
When comparing base salary vs gross salary, the simplest way to distinguish them is:
- Base salary = the fixed salary component (the “starting number”).
- Gross salary = the total earnings before deductions for the relevant period (which may be base salary plus other payments, depending on how the employee is paid).
Here are a few common examples you might see as an employer.
Example 1: Base Salary Only (No Extras)
You hire an operations manager on $90,000 base salary and there are no allowances, bonuses, or overtime payments.
In this scenario, their gross salary for the year (before tax) may effectively be $90,000 (not including superannuation contributions you pay on top, if super is not packaged).
Example 2: Base Salary Plus Allowances
You hire a technician on a base salary and pay additional allowances (e.g. a travel allowance and an on-call allowance).
That employee’s gross salary for the year might be higher than their base salary because it includes the allowances paid during the year.
Example 3: Base Salary Plus Bonus/Commission
You hire a sales lead on a base salary plus commission.
If they have a strong year, their gross salary could be much higher than their base salary. If the year is slow, the gross salary could be close to the base salary.
This matters when you’re forecasting cash flow, preparing investor updates, or planning a runway - because your “salary line item” may not be fixed if your remuneration model includes variable payments.
Example 4: “Super Included” Packaging Confusion
You offer “$120,000 package” and the employee assumes this is base salary, but you intended it to be inclusive of super.
Without clear drafting, you can end up with a dispute about whether the base salary is $120,000 (with super on top), or whether $120,000 is the total package including super.
This is why it’s worth being consistent with salary language and ensuring the contract definitions match what you intend.
Why This Distinction Matters For Employers (Costs, Compliance, And Contracts)
As a business owner, you’re rarely asking “base salary vs gross salary” out of curiosity - you’re asking because there’s a decision to make, a budget to finalise, or a contract to issue.
Here are the big reasons the difference matters in Australia.
1. Budgeting For The True Cost Of Employing Someone
Base salary is not always the “true cost” of a role.
Depending on the position, the employee’s gross earnings (and your costs) can include:
- superannuation,
- overtime/penalty rates (if applicable),
- loadings or allowances,
- bonuses or commissions, and
- leave costs (especially if you’re hiring permanent employees with paid leave entitlements).
For startups, this becomes especially important. If you’re scaling your team quickly, small misunderstandings in remuneration structure can multiply across multiple hires.
2. Avoiding Underpayment Risk
If your employment contract says one thing but your payroll practices do another, you can expose your business to underpayment claims.
A common example is where a salary is intended to “cover everything”, but the contract doesn’t clearly set out how overtime, penalty rates, allowances, or award entitlements are dealt with.
It’s worth checking whether your employees are covered by a modern award (and what that award requires) before deciding that a single base salary figure solves everything. If you need help getting your documents aligned with award compliance, it’s often best to get legal advice early rather than trying to patch it later.
3. Superannuation And “Ordinary Time Earnings”
Superannuation is a major area where employers can get confused about salary terminology.
Even if you’re thinking about “gross salary”, super is generally calculated based on what counts as an employee’s ordinary time earnings (OTE) under the superannuation rules, and the treatment of particular payments (like overtime or certain allowances) can be technical.
Because super rules can be technical, it’s important that your contract clearly states whether the agreed salary is inclusive or exclusive of super, and that your payroll team (or provider) implements it consistently. For tailored guidance on your obligations, you should speak with your accountant or check the ATO.
4. Clear Offers And Stronger Employment Contracts
Most disputes about salary aren’t caused by bad intentions - they’re caused by unclear drafting.
A well-structured contract should define the remuneration components, explain how (and when) they’re paid, and clarify whether they can be varied.
If you’re issuing offers quickly, it can be tempting to keep things short. But a tailored Employment Contract is one of the simplest ways to protect your business and set expectations clearly.
How To Describe Salary Properly In Offer Letters, Contracts, And Payslips
If you want to avoid confusion about base salary vs gross salary, the key is consistency across your documents.
Here are practical drafting tips you can use immediately.
Use Clear Definitions (And Stick To Them)
Choose terms that your team will use consistently, such as:
- Base Salary (exclusive of super),
- Superannuation (paid in accordance with law),
- Total Remuneration Package (if you use a packaged figure, define what it includes),
- Bonuses/Commission (state whether they are discretionary, conditional, and how they are calculated),
- Allowances (list them or refer to a policy/award condition).
If you use “gross salary” in an offer letter, be specific about what you mean. Is it just the employee’s gross pay each period? Or is it intended to include superannuation? Avoid leaving it open to interpretation.
Be Careful With “Inclusive” Or “Package” Language
Words like “inclusive”, “total package”, and “all-in” can be useful, but only if you define them properly.
If your intention is that a salary is inclusive of super, you should say so clearly and calculate the breakdown correctly. If your intention is that super is paid on top, state that too.
Make Bonuses And Incentives Easy To Understand
If the role includes incentives, it’s usually worth clarifying:
- how the bonus/commission is calculated,
- when it’s paid (e.g. monthly/quarterly/annually),
- what happens if the employee resigns or is terminated before the payment date, and
- whether the incentive can be changed or withdrawn.
This is particularly important for startups, where remuneration might be more creative (e.g. performance incentives to balance a lower base salary).
Align Your Policies With Your Contracts
Salary structures often link to workplace policies (for example, on overtime approval, travel claims, or expense reimbursements). If your policies say one thing and your contract says another, you can create disputes.
Having a clear Staff Handbook can help keep remuneration-related rules (like allowances, approvals, and behavioural expectations) consistent and easier to manage across a growing team.
Common Mistakes Employers Make (And How To Avoid Them)
When you’re busy running a business, it’s easy to treat salary wording like admin. But these are some of the most common issues we see, especially with fast-growing teams.
Mistake 1: Using Base Salary And Gross Salary Interchangeably
Base salary is a component. Gross salary is often the total pre-tax earnings. Mixing these terms can lead to mismatched expectations.
How to avoid it: pick a salary framework (base + super + defined extras, or total package inclusive of super) and document it clearly.
Mistake 2: Forgetting Awards And Minimum Entitlements
If an employee is award-covered, you still need to ensure the employee receives at least the minimum entitlements overall (including pay rates, allowances, and penalties that apply).
How to avoid it: check award coverage before finalising salary and role structure, and ensure your contract and payroll practices match the award conditions.
Mistake 3: Not Clarifying Whether Super Is Included
This is one of the most common points of confusion in offers, particularly when a candidate compares offers across multiple employers.
How to avoid it: explicitly state “inclusive of superannuation” or “exclusive of superannuation” and ensure the figures line up.
Mistake 4: Relying On A Handshake Deal Or A Very Short Offer Email
Speed matters in hiring - but so does clarity.
How to avoid it: use a proper contract that sets out remuneration, role expectations, and key terms (like confidentiality and IP).
Mistake 5: Not Documenting Changes As You Grow
Startups often change fast - and salary structures change with them (new bonus structures, new allowances, role changes, promotions).
How to avoid it: document variations properly and ensure payroll reflects the updated position. If you need to update contractual arrangements, a structured approach to making amendments to contracts can help reduce confusion and risk.
Key Takeaways
- Base salary is typically the fixed component paid for the role’s ordinary duties and ordinary hours, excluding variable extras like bonuses and allowances.
- Gross salary generally refers to what the employee earns before deductions, and it may include base salary plus allowances, overtime, commissions, and other payments (depending on the context and how you use the term).
- Confusing base salary vs gross salary can lead to budgeting issues, disputes, and compliance risk, especially where awards, overtime, or incentive pay are involved.
- Your offer letters and employment contracts should clearly define whether figures are inclusive or exclusive of superannuation, and how bonuses/allowances are handled.
- As your business grows, keep contracts and policies consistent with how you actually pay staff, and document changes properly.
If you’d like help structuring remuneration and getting your employment documents right, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.








