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.
Getting pay wording right can save your business time, money and headaches. One of the most common questions we hear from employers is simple but important: does gross salary include super?
It matters because how you advertise roles, draft contracts, run payroll and calculate final pay must all align with Australian workplace laws. Clear wording also builds trust with candidates and staff.
In this guide, we break down what “gross salary” actually means in Australia, how superannuation fits in, and the practical steps to stay compliant when you set, advertise and pay remuneration.
What Do “Gross Salary” And “Super” Mean For Employers?
Let’s define the basics first, in plain English.
- Gross salary (or gross pay) is the total amount you agree to pay an employee before tax and other deductions. It’s the pre-tax figure for wages or salary only.
- Superannuation (super) is a separate employer contribution into the employee’s super fund at the legislated Superannuation Guarantee (SG) rate. It’s not paid to the employee directly as take-home pay.
In Australia, the SG rate is set by law and applies to eligible employees. Super is payable on most ordinary earnings (more on that below), and you pay it in addition to your employees’ gross wages unless you have clearly agreed to a “salary package including super”.
If you’re also weighing up broader wording around pay, it’s worth reading our deeper dive on whether do salaries include superannuation for the full context.
So, Does Gross Salary Include Superannuation?
Short answer for employers: by default, no.
In Australian practice, “gross salary” typically refers to the employee’s wage or salary amount before tax, and excludes superannuation. Super is an additional cost on top of that gross amount, calculated at the SG rate on eligible earnings.
However, there are two ways employers commonly present remuneration:
- “$X plus super” - This is the most common and clearest approach. It means the employee’s gross salary is $X, and you’ll also pay super on top at the applicable SG rate.
- “$X package inclusive of super” - This is a total remuneration package where the super component is included in the $X figure. In this case, you need to state that the amount is inclusive of super (and ideally specify the base salary and the super component in writing) so there’s no confusion.
Where confusion creeps in is when offers or job ads simply say “gross salary $X” without clarifying super. That’s risky. Unless you’ve clearly stated “inclusive of super”, the market generally expects “plus super”. For certainty, spell it out every time.
How To Advertise And Document Pay Correctly
Consistency is key: the wording in your job ad, letter of offer and employment contract should all match. Here’s a practical approach.
In job ads and offers
- Use clear phrasing: either “$X plus super” or “$X package inclusive of super”.
- If using a package, state the breakdown (e.g. base salary + super component).
- Avoid ambiguous shorthand like “$X gross” without a super reference.
In your employment contracts
- Include a remuneration clause that clearly sets out whether the stated amount is exclusive or inclusive of super, the applicable SG rate, and how changes to the SG rate will be handled.
- If you offer allowances, bonuses or commissions, specify whether they are discretionary or guaranteed, and whether super is payable on them.
- Align your remuneration clause with your payroll practices and award/Enterprise Agreement (if applicable).
Getting this right in your Employment Contract helps prevent disputes and payroll rework. You can also support your contracts with clear workplace policies that outline pay cycles, deductions (if any), and approval processes.
When Is Super Payable? OTE, Bonuses, Overtime And More
To know when super is payable, start with the concept of Ordinary Time Earnings (OTE). The SG rules generally require super contributions on OTE - essentially, what an employee earns for their ordinary hours of work.
Common pay elements and super treatment
- Base salary/wages for ordinary hours - Generally included in OTE, so super is payable.
- Overtime - If it’s genuine overtime worked outside ordinary hours and paid at an overtime rate, it’s typically not OTE, so super isn’t usually payable on that component.
- Allowances - Some allowances are OTE (e.g. on-call allowance during ordinary hours); others are not (e.g. genuine expense reimbursements). Check how the allowance is structured and when it’s earned.
- Bonuses and commissions - Many bonuses and commissions tied to ordinary work are OTE, meaning super can be payable. The detail matters, so review how they are earned and paid. See our guide on super on bonuses for practical examples.
- Leave loading - Treatment can depend on whether the loading is demonstrably for lost overtime. If not, it may form part of OTE.
- Termination payments - Some termination components attract super, while others don’t. It’s wise to double-check the rules or refer to our explainer on super on termination payments when processing final pay.
If you’re dealing with multiple elements at once (e.g. base pay, allowances and a commission plan), it helps to document the design in writing so payroll can apply super consistently and you can explain it clearly to employees.
Gross, Net, Package: Avoiding Common Pay Language Pitfalls
It’s easy for terminology to get muddled, especially if different team members write ads, offers and contracts. Here’s how to keep things clean.
Gross vs net
- Gross is pre-tax pay. Unless stated “inclusive of super”, it doesn’t include super and it does include tax that will later be withheld.
- Net is take-home pay after tax and after other deductions are applied (e.g. salary sacrifice). You generally wouldn’t advertise or contract on a net basis in Australia.
“Plus super” vs “inclusive of super”
- “Plus super” means you’ll pay the SG contribution on top of the stated gross salary.
- “Inclusive of super” means the total package includes the super component. If you use this approach, state the base and super components to avoid confusion.
Packages and changes in the SG rate
If you use a total remuneration package, consider how SG increases will be treated. Will the base decrease to keep the package fixed, or will the package rise with SG? Address this in your remuneration clause so everyone knows what to expect as SG rates change over time.
Contractors, Casuals And Part-Timers: What Changes?
Your super obligations can vary depending on the type of engagement.
Casual and part-time employees
Casuals and part-timers are typically entitled to super on their OTE just like full-time staff. Your payroll system should calculate the SG contribution on eligible earnings automatically if the employee meets eligibility criteria.
Independent contractors
You may need to pay super for some contractors, for example where they’re paid wholly or principally for their labour and work under a contract that is primarily for their personal services. The label on the agreement isn’t determinative; the facts are. If you use contractors in your business, it can help to cover the arrangement clearly in your contractor agreement and make sure your payroll/accounts team understands when SG may still apply.
Clarity in your written terms is essential here too. If you’re engaging staff on a permanent basis, make sure you issue a solid Employment Contract and set out any commission or bonus scheme mechanics in writing to align payroll and super obligations.
Payroll Tips To Stay Compliant (And Avoid Backpay)
Once your wording is clear, make sure your systems and processes back it up. These simple steps can save a lot of rework down the track.
- Use consistent wording end-to-end - Match your job ad, offer letter and contract. If it says “plus super” in the ad, don’t switch to “inclusive” later without also updating the figures and breakdowns.
- Map pay items to OTE correctly - In your payroll software, check which pay items are treated as OTE so the right amounts attract super. This is especially important for commissions, allowances and leave loading.
- Review new or complex incentives - Before rolling out a bonus or commission plan, confirm the super treatment and reflect it in the plan terms. Linking the plan to your Ordinary Time Earnings rules helps keep everything aligned.
- Keep clear evidence - Retain the signed contract, pay structure documentation and any communications clarifying whether salaries are plus or inclusive of super.
- Plan for changes in SG - Build in contract wording that addresses what happens to base pay if the SG rate increases and you use a package model.
- Sense-check final pays - When someone leaves, confirm which termination components attract super. Our guide to calculating final pay is a helpful reference point for employers.
Worked Examples: How The Numbers Look In Practice
Example 1: “$80,000 plus super”
You advertise and offer a role at “$80,000 plus super”. The employee’s gross salary is $80,000. You also pay SG on OTE at the applicable rate into their super fund. The total employer cost is $80,000 + super + payroll on-costs (e.g. leave accruals for permanent staff).
Example 2: “$90,000 package inclusive of super”
You present a total package of $90,000 inclusive of super. Assuming an SG rate applies, part of that $90,000 is the super component and the remainder is the employee’s gross base salary. If SG increases and you’ve said the package is fixed, the base salary portion will reduce unless your contract says otherwise. To avoid disputes, specify the base and super components in writing.
Example 3: Commission plan
A salesperson earns a $70,000 base “plus super” and quarterly commissions under a written plan. You’ve confirmed the commissions form part of OTE. Payroll calculates SG on the base and on eligible commissions. If the plan changes, you update the plan document and payroll mapping before the next quarter.
Frequently Asked Employer Questions
Does gross include tax?
Yes. “Gross” refers to the pre-tax amount payable to the employee for wages or salary. Tax is then withheld from that gross amount to arrive at net pay.
Does gross annual salary include super?
Only if you have clearly stated it is “inclusive of super”. Otherwise, the common reading of “gross annual salary” in Australia is that it excludes super and super is paid on top at the SG rate.
Does gross amount include tax and super?
“Gross amount” generally includes tax (because it’s pre-tax), but not super unless the contract or offer explicitly says it is inclusive of super. If you intend a total package, call it out as a “package inclusive of super” and show the breakdown.
Is super included in gross income for payroll calculations?
No. In payroll, the employee’s gross income is separate to the super contribution. Super is a separate employer contribution, calculated on eligible earnings.
Do I pay super on every dollar?
No. Super is generally payable on OTE. Some amounts are excluded (for example, genuine overtime). The detail matters, which is why it helps to understand OTE and document pay structures carefully.
Bringing It All Together In Your Documents
Once you’re clear on how you’ll present pay, lock it into your paperwork and systems so there’s no ambiguity.
- Employment contract - Use a remuneration clause that spells out “plus super” vs “inclusive”, addresses SG rate changes, and clarifies super treatment for allowances, commissions and bonuses. Align this with your payroll setup and any applicable award/EBA. If you’re issuing new contracts, our team can help tailor a robust Employment Contract for your workforce.
- Bonus/commission plan - Keep a short, clear document that explains how performance pay is earned, when it’s paid and whether it attracts super. Cross-reference your approach with the rules on super on bonuses.
- Final pay checklist - For departures, confirm which components attract super. Use your internal checklist and sense-check against guidance on termination payments and super to avoid miscalculations.
If you’re refreshing your remuneration framework more broadly, it can also be helpful to review related clauses like deductions, set-off, and award/EA interaction, so everything works together in practice.
Key Takeaways
- In Australia, “gross salary” usually excludes super; unless you clearly say “inclusive of super”, market practice expects “plus super”.
- Choose one clear remuneration format for each role (“plus super” or “inclusive of super”) and use it consistently in ads, offers, contracts and payroll.
- Super is generally payable on Ordinary Time Earnings, not on every dollar; confirm treatment for overtime, allowances, bonuses and commissions before you run payroll.
- Spell out the super position in your contract’s remuneration clause, address SG rate changes, and document any incentive plans so payroll can apply super correctly.
- When staff leave, check which termination components attract super and double-check calculations before paying the final pay.
- Clear wording and aligned systems reduce disputes, backpay risk and admin burden for your business.
If you’d like a consultation on getting your pay wording and super settings right for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.


