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 updating contracts, “base salary” is one of the first numbers you’ll lock in. But what does base salary actually mean for employers in Australia, and how should you present it clearly in your offers and contracts?
Getting this right matters. It affects how you calculate leave, overtime, superannuation, bonuses and incentives, and it helps you avoid disputes about what an employee is really being paid.
In this guide, we break down the meaning of base salary in plain English, how it differs from total remuneration, what “annual base salary” means on an offer letter, and the practical steps to document it properly.
What Is Base Salary In Australia?
Base salary (sometimes called base pay) is the fixed amount you agree to pay an employee for performing their ordinary hours of work, before any add-ons. It is typically expressed as an annual figure for full-time staff, or a pro‑rata amount for part‑time, and excludes variable components and entitlements.
Think of base salary as the guaranteed “core” pay. It does not include overtime, penalty rates, allowances, commissions, discretionary bonuses, superannuation or non‑cash benefits.
If you’re deciding between using a salaried model or hourly wages for certain roles, it can help to step back and consider the differences between salary vs wages so you choose a structure that fits the role and your compliance obligations.
Base Salary Vs Total Remuneration: What’s The Difference?
Employers often present pay in two ways: base salary only, or a “total package” (also called total remuneration). It’s important not to mix these up in your documents or conversations with candidates.
- Base salary: Fixed pay for ordinary hours, excluding add-ons.
- Total remuneration / total package: Base salary plus other components, such as superannuation, car allowance, bonuses (if guaranteed), and any salary packaging or non‑cash benefits.
If your offer outlines a total package, be explicit about how the components break down. For example, state the base salary figure, the superannuation amount, and any fixed allowances. This transparency helps employees understand what they’ll actually take home and reduces confusion later.
Some employers also use the term “fixed remuneration”. That typically means the sum of base salary plus guaranteed fixed benefits (for example, a car allowance) but still excluding variable or discretionary amounts. For more context on this concept, see how fixed remuneration is commonly defined for Australian roles.
What Does “Annual Base Salary” Mean On An Offer Letter?
“Annual base salary” is simply the base salary expressed as a yearly figure. For full‑time employees, it covers ordinary hours over a full year under the contract. For part‑time employees, you’ll usually show the pro‑rata base salary based on their agreed ordinary hours per week.
A clear offer letter should specify:
- The annual base salary (exclusive of superannuation).
- Whether superannuation is in addition to the base or included in a total package.
- The pay cycle (e.g. monthly or fortnightly) and the dollar amount per cycle.
- The award or agreement coverage, if relevant, including any set-off arrangements.
If you include a “total package” figure, break out the annual base salary from superannuation and any fixed allowances so there’s no ambiguity.
What’s Included In Base Pay (And What Isn’t)?
As a rule of thumb, base pay is what you pay for ordinary hours, before adding legally required or contractual extras. Here’s how the components commonly fall:
Included In Base Salary
- Fixed, agreed amount for ordinary hours.
- Any built‑in “all‑up” salary for ordinary hours only (noting this requires careful drafting if used to absorb allowances lawfully).
Not Included In Base Salary
- Superannuation contributions.
- Overtime payments.
- Penalty rates (e.g. weekends, public holidays, late nights) where applicable.
- Allowances (travel, tools, uniform, first aid, etc.) unless explicitly built in via a compliant set‑off clause.
- Commissions and incentive payments.
- Discretionary bonuses and profit share.
- Non‑cash benefits (e.g. car, phone, health insurance) unless you are describing a total package for clarity.
If you intend for a higher base salary to “set off” certain award entitlements (like allowances or penalty rates), you’ll need a carefully drafted Employment Contract with a compliant set‑off clause, and your payroll practices must support it. This is a technical area-seek advice before relying on set‑off provisions.
How Base Salary Interacts With Superannuation, Overtime And Penalty Rates
Base salary sits at the heart of several other pay concepts. Here’s how they link up in practice for Australian employers.
Superannuation And Ordinary Time Earnings (OTE)
Employers must pay superannuation on an employee’s ordinary time earnings (OTE). In most cases, OTE includes base salary for ordinary hours and certain allowances, but excludes overtime. The ATO’s OTE rules can be complex in edge cases, so it’s smart to understand what counts as ordinary time earnings for your team.
Many employees will ask whether super is on top of or included within the amount you’re offering. Make this explicit-there’s a practical difference between “$80,000 base plus super” and “$80,000 including super”. For more detail, see our overview on whether salaries include superannuation.
Overtime And Penalty Rates
Overtime is generally paid when employees work beyond ordinary hours. Penalty rates apply to work at certain times (such as weekends or late nights) under the relevant award or enterprise agreement. These payments are not part of base salary.
Make sure your contracts and rosters reflect when overtime or penalties may apply, and how they will be calculated. Our primer on overtime laws and penalty rates can help you understand the baseline rules before you set up payroll and scheduling practices.
Bonuses And Commissions
Bonuses and commissions sit outside base salary. If they’re discretionary, spell that out. If they’re guaranteed (e.g. a fixed sign‑on bonus), be clear about timing and conditions.
Superannuation on bonuses and commissions depends on whether they form part of OTE. For a quick orientation, see how super generally applies to bonuses and incentives.
How To Document Base Salary Properly (Contracts, Policies And Payroll)
Clear documentation is your best defence against misunderstandings. Here’s a practical checklist for small businesses.
1) Use A Clear Employment Contract
Every employee should have a written Employment Contract that sets out:
- The annual base salary for ordinary hours (stated exclusive of super, unless using a total package).
- Whether superannuation is in addition to base or included in a package, and the current rate.
- Any allowances (and whether they’re separate or built into the salary via a set‑off clause).
- Overtime and penalty arrangements, including how they’re calculated.
- Any bonus or commission scheme, and whether it’s discretionary or guaranteed.
- Pay cycle and method.
If you plan to remunerate with equity down the track, keep in mind that an Employee Share Option Plan is separate to base salary and should be documented in its own terms.
2) Align Offer Letters, Policies And Payroll
Your offer letter should match the contract wording and your payroll setup. If you use “total package” language in the offer, mirror that breakdown in the contract and ensure payroll reports show the same structure.
Where you rely on award set‑off, your payroll data needs to evidence that the employee is better off overall across the relevant period. This is where good timekeeping and classification practices are essential.
3) Explain The Structure To New Hires
During onboarding, walk through the base salary, superannuation, and any variable components. Explain when overtime or penalties might apply. This five‑minute conversation can prevent months of confusion and morale issues.
4) Review Regularly And Update When Things Change
Award rates, superannuation percentages and market pay levels change. Build in annual reviews, and make sure your contracts allow for reasonable updates to policies and remuneration structures with proper notice.
5) Get Advice On Complex Pay Models
Set‑off clauses, annualised salary arrangements and mixed pay models (salary plus commissions) are manageable with the right documents and processes. If you’re unsure, speak with an employment lawyer before rolling out a new pay framework-fixing pay disputes is always more time‑consuming and expensive than preventing them.
Common Scenarios And How To Handle Them
Scenario 1: “Is This Number Base Or Package?”
Internal alignment is key. Choose your business convention (e.g. always quote base plus super), document it in your recruitment playbook, and make sure hiring managers and recruiters use the same language in every conversation and email.
Scenario 2: “We Want To Absorb Allowances Into A Higher Base”
That’s possible in some circumstances, but it must be done via a compliant set‑off clause and supported by payroll evidence that the employee is better off overall. Don’t rely on a verbal understanding-ensure the Employment Contract states it clearly.
Scenario 3: “We Advertised A Salary Range-Which Part Is Base?”
In job ads, it’s safest to specify whether the range is base salary or a total package. If you use a total package in the ad for comparison with market surveys, break it down on the offer and contract so the base component is obvious.
Scenario 4: “Do We Pay Super On The Bonus?”
Work through whether the bonus counts as OTE. As a starting point, discretionary one‑off bonuses are often not OTE, while performance‑based incentive payments may be. When in doubt, document your rationale and check it against the rules that define ordinary time earnings.
How Base Salary Links To Other HR And Legal Settings
Because base salary is the foundation, it touches other parts of your HR and legal setup.
- Policies and handbooks: Make sure your remuneration, overtime and leave policies align with the definitions in your contracts.
- Position descriptions and classification: The award classification and ordinary hours pattern should match how you set base salary and when overtime or penalties might apply.
- Equity and incentives: If you’re layering incentives on top of base pay, keep those schemes documented separately so there’s no confusion about what is guaranteed vs variable.
- Company documents: If you’re scaling with co‑founders or investors, governance documents like a Shareholders Agreement and Company Constitution help align expectations on remuneration policy at a leadership level.
Key Takeaways
- Base salary means the fixed pay for an employee’s ordinary hours, excluding super, bonuses, commissions, allowances, overtime and penalty rates.
- Be clear about base salary vs total remuneration; if you present a “package”, break out base, super and any fixed allowances.
- State the annual base salary on offers and contracts, and confirm whether superannuation is on top of (or included within) the figures shown.
- Overtime, penalty rates and most allowances are not part of base salary; ensure your payroll and rosters reflect the applicable award or agreement.
- Document pay with a clear Employment Contract and ensure set‑off clauses and annualised salaries are handled carefully and compliantly.
- Review your approach regularly as awards and super rates change, and get legal advice before rolling out complex pay models.
If you’d like a consultation on setting up base salary and remuneration correctly for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.








