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.
- What Does “Salary + Super” Mean In Australia?
- When Must You Include Superannuation In The Advertised Figure?
- Avoid Misleading Or Deceptive Job Ads
- Payroll And Superannuation Compliance Basics
Common Scenarios Employers Ask About
- “We Advertised $80k - Is That Inclusive Or Exclusive Of Super?”
- “Can We Advertise A Package Inclusive Of Super, But Negotiate A Base + Super Later?”
- “For Casual Roles, Should We Quote An Hourly Rate Including Super?”
- “Do We Pay Super On Overtime?”
- “We Hire Sales Roles With Commission - How Should We Advertise Pay?”
- “We Engage Contractors - Do These Rules Apply?”
- Practical Tips For Writing Clear, Compliant Salary Wording
- What To Include In Your Employment Documents
- Key Takeaways
Writing a job ad should be simple, but small details like how you present salary can cause confusion - especially around whether the figure “includes super”. If you’re listing on SEEK, it’s important to understand how salary and superannuation work in Australia so your ad is clear, compliant, and attractive to the right candidates.
In this guide, we’ll explain what “salary + super” actually means, how to display pay on SEEK without misleading candidates, and how to flow that through to a compliant offer and employment contract. We’ll also cover common scenarios employers ask us about, so you can recruit confidently and stay on top of your legal obligations.
What Does “Salary + Super” Mean In Australia?
In Australia, superannuation is a compulsory employer contribution on top of an employee’s ordinary time earnings (OTE). The Superannuation Guarantee (SG) rate changes from time to time - the current percentage must be paid in addition to base pay unless you’ve clearly quoted a “total package” figure that includes it.
Here’s how most employers frame remuneration in ads and contracts:
- Base salary + super: You state a base salary (for example, $80,000), and confirm super is paid on top at the prevailing SG rate. This is the most common and transparent approach.
- Total remuneration package (TRP): You state a single total figure that already includes super (for example, $88,400 inclusive of super). If you do this, make sure you say “inclusive of super” so candidates can compare apples with apples.
- Hourly/granular rates: For casual or hourly roles, you may quote an hourly rate. Super still applies on eligible OTE, separate from the hourly rate.
If you’re unsure how super interacts with pay and benefits, start with the basics in our plain-English guide on Do salaries include superannuation?
How Does SEEK Display Salary - And What Should You Enter?
SEEK allows you to display pay as a range or a single figure, and to choose an annual, hourly or daily format. The platform itself doesn’t automatically add superannuation behind the scenes - the clarity comes from the wording in your ad.
Best practice for Australian employers is to choose one of these two clear options:
- Option A - Quote base + super: “$80,000 + super” or “$80k base plus superannuation.” This tells candidates the super is paid on top of your stated figure. It’s simple, familiar, and avoids misunderstandings.
- Option B - Quote a package inclusive of super: “$88,400 package (inclusive of super).” If you go this route, always include the words “inclusive of super” and be prepared to break down the base vs super if asked.
Whichever option you choose, mirror that language consistently in the body of the ad, the letter of offer, and the employment contract. Consistency helps avoid disputes and shows candidates that your payroll is organised and compliant.
What About Commissions, Bonuses And OTE?
Many ads refer to “OTE” (on-target earnings) where pay includes commissions or bonuses. Make sure the ad is clear about what’s guaranteed (base salary) versus variable (commissions/bonuses), and whether the headline figure is “base only” or “base + expected commissions”.
Keep in mind superannuation can be payable on certain bonuses and commissions, depending on whether they form part of OTE. Our guide on superannuation on bonuses explains how to assess these payments and stay compliant.
When Must You Include Superannuation In The Advertised Figure?
There isn’t a law that forces you to present salary in a particular way in job ads. You can show base + super, or an inclusive package. What matters is that you don’t mislead candidates about what they’ll actually receive.
In practice, this means:
- If you state a base salary, say “plus super” (or “+ super”).
- If you state a package figure, say “inclusive of super”.
- If you state OTE, clarify which components are guaranteed versus variable.
- Avoid combining “inclusive” and “exclusive” wording in the same ad - pick one approach and use it consistently.
Clarity reduces back-and-forth with candidates and helps you compare applicants fairly. It also reduces the risk of a dispute about what was “promised” after an offer is made.
Avoid Misleading Or Deceptive Job Ads
Beyond good practice, there are legal guardrails to be aware of. Job ads that create a false or misleading impression about pay can expose your business to risk.
- Misleading or deceptive conduct: Businesses must not mislead consumers under section 18 of the Australian Consumer Law. While candidates aren’t “consumers” in the classic sense, the same principle of not making misleading claims applies to your public representations. Keep ads accurate, unambiguous and up to date throughout the recruitment process.
- Fair Work compliance: Ensure the pay you advertise is at least the minimum required under any applicable award or enterprise agreement, including loadings and penalty rates where relevant. Don’t understate the role’s classification to make the salary look higher than it is.
- Transparency on inclusions: If your figure includes super, say it plainly. If it doesn’t include super, say “plus super”. If allowances are included, specify them.
As a rule of thumb, ask yourself: “Would a reasonable candidate walk away with the same understanding we intended?” If the answer is “maybe” or “it depends,” tighten the wording.
Converting The Ad Into A Compliant Offer And Contract
Once you’ve found your candidate, the next step is to make an offer and issue a contract that reflects what you advertised. This is where many disputes begin if there’s a mismatch between the ad, email conversations, and final documents.
Step 1: Align Your Letter Of Offer With The Ad
Your letter or email should clearly state salary, super, any variable components, and the start date. Remember that letters of offer can be legally binding depending on how they’re written, so be precise. If the candidate accepts the offer before receiving the full contract, make sure the key terms are already correct and unambiguous.
Step 2: Use A Robust Employment Contract
A well-drafted Employment Contract should specify the remuneration structure in detail, including whether the stated salary is exclusive or inclusive of super, the current SG rate (or that the statutory rate applies), and the treatment of allowances, overtime, loadings, bonuses and commissions.
Other clauses to lock down at this stage include probation, notice, confidentiality and post-employment restraints. Getting these terms right now saves headaches later if things don’t go to plan.
Step 3: Keep Remuneration Language Consistent Everywhere
Use the same remuneration language in the job ad, offer, and contract. For example, if your ad said “$80,000 + super”, your contract shouldn’t say “$88,400 package inclusive of super” unless you’ve explained and agreed the change. Consistency is a quick win for reducing legal and employee relations risk.
Payroll And Superannuation Compliance Basics
After the contract is signed, your payroll process needs to accurately calculate superannuation and pay it on time. These are the building blocks:
- Ordinary Time Earnings (OTE): Super is calculated on OTE (not usually on overtime). Make sure your payroll system is mapping pay codes correctly. For a refresher on what counts, see Ordinary Time Earnings.
- Superannuation Guarantee (SG) rate: Pay at least the statutory SG rate on eligible earnings. If you’ve quoted “base + super”, the SG is paid in addition to base. If you’ve quoted a package inclusive of super, ensure the base component plus super still meets or exceeds minimum entitlements.
- Bonuses and commissions: Some incentive payments attract super because they form part of OTE. If incentives are part of your structure, review your plan documents against your obligations on superannuation on bonuses.
- Payment timing: Super must be paid by the statutory due dates each quarter (or more frequently if you choose). Late payments can trigger penalties and deny employees the earnings they’re entitled to.
- Record-keeping: Keep accurate records of salary, super contributions, classifications, and agreements about remuneration. Clear documentation supports compliance and helps resolve any queries quickly.
If you’re hiring for the first time, it’s worth getting your payroll chart of accounts, pay codes and contract templates reviewed before you onboard, so everything lines up from day one.
Common Scenarios Employers Ask About
“We Advertised $80k - Is That Inclusive Or Exclusive Of Super?”
If the ad didn’t specify, candidates may assume either approach based on their past roles. To avoid confusion, state it explicitly: “$80,000 + super” or “$88,400 inclusive of super”. If an offer has already gone out and there’s a misunderstanding, clarify in writing and, if needed, reissue the offer with correct wording before the employee accepts.
“Can We Advertise A Package Inclusive Of Super, But Negotiate A Base + Super Later?”
Yes - as long as the final agreement is transparent and equal to or better than what was advertised (and compliant with any award). If you move from an “inclusive” figure to “base + super”, show the breakdown and confirm that the total package isn’t reduced.
“For Casual Roles, Should We Quote An Hourly Rate Including Super?”
Don’t fold superannuation into the casual hourly rate. Quote the hourly rate (which typically already includes the casual loading if an award applies), and state that super is payable on eligible OTE on top. This keeps your ad clean and your payroll mapping correct.
“Do We Pay Super On Overtime?”
Generally, super isn’t payable on overtime hours, but it is payable on ordinary hours and most allowances that form part of OTE. The details can be nuanced, so align your payroll rules with your contract and any applicable award, and refer to our overview of Ordinary Time Earnings.
“We Hire Sales Roles With Commission - How Should We Advertise Pay?”
Separate the guaranteed base from the variable component, and be clear on assumptions behind any “on-target” figure. For example: “$65,000 base + super + uncapped commissions (OTE $95,000 based on past team performance).” Make sure your contract defines commission rules (eligibility, timing, clawbacks) and the superannuation treatment of incentives in a way that aligns with the law on OTE and your internal policy.
“We Engage Contractors - Do These Rules Apply?”
Superannuation can apply to some contractors who are paid wholly or principally for their labour (often called “deemed employees” for super purposes). If you’re using freelancers or contractors regularly, review each arrangement through an employee vs contractor lens before advertising rates and onboarding, so you understand your obligations from the start.
Practical Tips For Writing Clear, Compliant Salary Wording
- Pick one format and stick to it: Use either “base + super” or “package inclusive of super” consistently across your ad, offer and contract.
- Label OTE clearly: If you mention OTE, define the base and the assumptions behind the variable component, and avoid presenting OTE as guaranteed.
- Simplify the language: “$80,000 + super” or “$88,400 inclusive of super” beats long or technical phrasing.
- Check award coverage: Confirm your salary structure and classification align with any applicable award or enterprise agreement (including loadings and penalty rates).
- Align payroll and contracts: Make sure your payroll categories reflect your contract wording and vice versa, especially for allowances, bonuses and overtime.
- Document incentive plans: If you pay commissions or bonuses, put the rules in writing and confirm the superannuation on bonuses position so payroll can calculate correctly.
- Avoid ambiguity: If a reasonable candidate might misunderstand your figure, add a few words (“plus super” or “inclusive of super”) to remove doubt.
What To Include In Your Employment Documents
Clear job ads are step one. Step two is ensuring your offer and contract actually support the remuneration you’ve presented. At minimum, make sure your documents address:
- Remuneration structure: Explicitly state base pay and whether it’s exclusive or inclusive of super.
- Superannuation clause: Confirm the SG contributions will be made at the statutory rate to the employee’s nominated fund (or your default fund), and clarify OTE.
- Classification and hours: If an award applies, reference the classification and ordinary hours to help payroll get OTE right.
- Incentives: Set out how bonuses or commissions are calculated, when they’re earned and paid, and how they interact with super obligations.
- Other benefits and allowances: Define what’s included in the package (e.g. car allowance) and what is paid separately.
If you’re refreshing your templates, a tailored Employment Contract is the best way to ensure everything aligns with your ad wording and payroll processes.
Key Takeaways
- There’s no single “right” way to display pay on SEEK - just make it clear whether your figure is base + super or inclusive of super.
- Be transparent about guaranteed salary versus variable components like commissions or bonuses, and don’t present OTE as guaranteed.
- Avoid misleading or deceptive statements by using plain, consistent wording across your ad, offer and contract, aligned with section 18 of the Australian Consumer Law principles.
- Set up payroll to calculate super on the correct Ordinary Time Earnings, and understand when super applies to incentives.
- Lock in the remuneration structure and superannuation treatment in a clear letter of offer and a robust Employment Contract.
- If you use contractors, check each arrangement through an employee vs contractor lens so you don’t miss super obligations.
If you’d like a consultation on setting up clear, compliant remuneration terms for your job ads and employment contracts, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.








