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 your first team member (or your fiftieth), “pay” is rarely just about the base salary. In Australia, most roles come with a mix of mandatory entitlements, negotiated benefits, incentives and policies that shape the total value of the job.
That total offer is what people are usually referring to when they ask what a remuneration package is.
As an employer or startup founder, getting this right matters for two reasons. First, it helps you attract and retain great people without overcommitting your budget. Second, it helps you stay compliant with employment laws, Modern Awards, the National Employment Standards (NES), superannuation rules, and other obligations that can be easy to overlook when you’re moving quickly.
Below, we’ll break down what a remuneration package is, what it usually includes in Australia, and how to document and communicate it in a way that protects your business as you grow.
What Is A Remuneration Package (And Why It’s Not Just Salary)?
In practical terms, a remuneration package is the total value you offer an employee in exchange for their work.
In other words, the remuneration package is not just the figure you put on a job ad. It’s the combination of:
- Fixed pay (base salary or hourly wage)
- Mandatory entitlements (like superannuation and certain leave entitlements)
- Variable pay (bonuses, commissions, performance incentives)
- Benefits and perks (like a car allowance, training budget, or flexible work arrangements)
- Any deductions or offsets that are legally permitted (and clearly documented)
For startups, the “package” concept becomes even more important because you may not be able to compete on base pay alone. A well-structured package lets you be transparent about what you can offer, while still putting clear boundaries around cost and expectations.
Important: Your remuneration package can’t override minimum legal standards. Even if an employee agrees to a package, you generally still need to ensure it meets (or exceeds) their minimum entitlements under the NES and any applicable Modern Award or enterprise agreement.
What Usually Goes Into A Remuneration Package In Australia?
There’s no single template for every business, but most Australian remuneration packages include a few common building blocks. The right mix depends on your industry, seniority of the role, whether an Award applies, and how you want to reward performance.
1. Base Salary Or Wages
This is the fixed amount you pay for the role:
- Salary is commonly used for full-time and part-time employees (especially professional roles), often expressed as an annual figure.
- Wages are commonly used for casual and some Award-covered roles, often expressed as an hourly rate (plus loadings/penalties where applicable).
Where businesses can get caught out is assuming “salary” automatically covers everything. In many workplaces, you still need to consider penalty rates, overtime, allowances and minimum break rules depending on the Award coverage and the actual hours worked.
2. Superannuation
Superannuation is usually a mandatory employer contribution for eligible employees. This is a big reason why remuneration packages are often expressed as either:
- Base salary + super (super is paid on top), or
- Total package (inclusive of super) (the stated figure includes super)
From an employer perspective, being clear about which approach you’re using is critical. “$100,000 package” can mean very different things depending on whether super is included or not, and misunderstandings here can quickly lead to disputes.
3. Leave Entitlements
Leave is often treated as “standard”, but it’s still part of the overall value of the job. Depending on the employee type and circumstances, this can include:
- Annual leave (for full-time/part-time employees)
- Personal/carer’s leave
- Compassionate leave
- Parental leave
- Long service leave (state/territory based rules)
Even if you don’t “price” leave in your offer letter, it’s one of the major differences between engaging an employee and a contractor, and it’s part of why salary comparisons can be misleading.
4. Bonuses, Commissions And Incentives
Variable pay can be a great lever for performance, especially when you’re trying to scale revenue without permanently increasing fixed costs.
Common structures include:
- Commission (e.g. a percentage of sales revenue)
- Discretionary bonus (e.g. based on company or individual performance)
- Sign-on bonus (more common in competitive hiring markets)
- Retention bonus (e.g. payable after 12 months)
To reduce risk, you’ll usually want incentive terms drafted clearly: how it’s calculated, when it’s payable, what happens if the employee resigns, and whether it’s discretionary or contractual. This is often best handled in a tailored Employment Contract (or an incentive policy referenced by it).
5. Allowances And Reimbursements
Depending on your industry and the role, you might include:
- Car allowance or travel allowance
- Phone/internet allowance
- Tools and equipment allowance
- Meal allowance or per diems
- Reimbursement of business expenses
The key distinction is whether you’re paying an allowance (a set amount) versus reimbursing actual expenses. Different tax and payroll treatments can apply depending on how the payment is structured and what it’s for, so it’s a good idea to check your setup with your accountant or payroll provider and make sure it matches what your contract and policies say.
6. Non-Cash Benefits (Perks)
Perks can help you compete for talent, but they can also create admin complexity if they’re not documented properly. Examples include:
- Extra annual leave (“above NES” leave)
- Flexible work arrangements
- Professional development budget
- Wellbeing benefits
- Equity or options (more common in startups)
If you’re offering equity, you’ll want to align the offer with your company’s governance documents and the rules around issuing securities. Many startups also set expectations about decision-making and equity arrangements through a Shareholders Agreement.
How To Structure A Remuneration Package Without Creating Legal Or Budget Surprises
Building a remuneration package is part numbers, part strategy, and part legal compliance. If you’re a small business, you’ll usually get the best outcomes by designing the package in layers.
Step 1: Identify Your “Non-Negotiables” (Minimum Entitlements)
Start with what you must provide. This typically includes:
- At least the minimum pay rate (including penalties/allowances where required)
- NES entitlements (leave, maximum weekly hours, etc.)
- Superannuation contributions for eligible employees
If your employee is Award-covered, minimum entitlements can be more complex than they look on paper (for example, different classifications, overtime triggers, and allowance rules). It’s worth confirming Award coverage early, particularly for operations-heavy startups where employees may wear multiple hats.
Step 2: Decide What You Want Fixed Vs Variable
As a rule of thumb:
- Fixed remuneration supports stability and is easier for employees to rely on (but increases your ongoing burn).
- Variable remuneration rewards performance and can help protect cashflow (but needs careful drafting to avoid disputes).
For example, if you’re hiring a sales lead, you may keep base salary at a sustainable level and offer uncapped commission. If you’re hiring an operations manager, you may prioritise a strong base salary and offer a smaller KPI-based bonus.
Step 3: Be Clear About “Package” Language (Inclusive vs Exclusive of Super)
One of the most common issues we see is unclear wording around total package figures.
If you advertise or offer a “total remuneration package”, consider explicitly stating:
- whether the package is inclusive or exclusive of super
- the base salary component
- how super is calculated and paid
- any conditions on bonuses or incentives
Clarity upfront prevents awkward renegotiations later, and helps you keep hiring consistent across your business.
Step 4: Align The Package With Your Employment Documentation
Your offer letter and employment contract should work together (not contradict each other). For example:
- If your offer includes a commission scheme, the contract should say whether it’s discretionary, how it’s calculated, and when it’s paid.
- If you require confidentiality and IP assignment, it should be properly documented (especially for startups building valuable product or software).
- If you expect flexibility in duties as the business grows, that should be reflected in the role description and contract wording.
When you’re building a team quickly, a well-structured Staff Handbook can also help you standardise benefits, leave processes, and incentive policies so you’re not reinventing the wheel for every new hire.
What Legal And Compliance Issues Should Employers Watch For?
A remuneration package is a commercial tool, but it lives inside a legal framework. A few common compliance areas are worth keeping front of mind.
Modern Awards And The “Better Off Overall” Reality
Even if you prefer a simple salary arrangement, Awards can impose specific minimums (and sometimes very detailed rules) that change what “simple” looks like. Examples include:
- minimum pay rates by classification
- penalty rates for weekends, late nights, or public holidays
- overtime rates and when overtime is triggered
- allowances (e.g. uniform, tools, travel)
If you use an “all-inclusive” salary, you generally need to ensure the employee is not worse off compared to what they would have received under the Award for the hours and conditions they actually work.
Set-Off Clauses And Annualised Salary Arrangements
Some employers try to “bundle” entitlements into a salary using set-off clauses or annualised salary clauses. These can be helpful, but they’re not a magic wand.
Depending on the Award and the arrangement, you may still need:
- clear drafting about what the salary is intended to compensate
- processes to monitor hours and reconcile if the employee ends up worse off
- alignment with any applicable Award requirements (which can include record-keeping and reconciliation obligations)
This is an area where getting the contract right early can prevent underpayment claims later.
Superannuation And Payroll Treatment
Super is often straightforward until it isn’t. Issues can arise around:
- whether super is payable on particular earnings (for example, some payments may be treated differently depending on the circumstances)
- bonuses and commissions (which can affect super calculations in some situations)
- contractor vs employee classification (misclassification can create backpay risk)
Because super and payroll rules can be fact-specific, it’s worth confirming your approach with your accountant, payroll provider, or adviser and keeping your payroll and contracts consistent so that what you promise matches what you pay.
Termination, Notice And “Final Pay” Surprises
Your remuneration package also affects what happens when the employment relationship ends. Depending on the situation, you may need to handle:
- notice of termination or payment in lieu
- payout of accrued but unused annual leave
- commission/bonus eligibility (especially if the employee resigns mid-cycle)
- redundancy pay (if applicable)
Having a clear process (and the right documents ready when you need them) can save time and reduce risk. Many employers put this structure in place through an Employee Termination Documents Suite, particularly once they start scaling headcount.
How Do You Document And Communicate A Remuneration Package?
Even a well-designed package can cause problems if it’s communicated inconsistently (or left to informal conversations). For small businesses, the goal is to keep things clear, written down, and easy to administer.
Offer Letter Vs Employment Contract
As a general approach:
- Offer letter: confirms the key commercial terms (role, start date, base salary, whether super is included, any headline benefits).
- Employment contract: contains the detailed legal terms (duties, confidentiality, IP, termination, post-employment restraints if relevant, bonus mechanics, and policies).
This is where consistency matters. If your offer letter says “$120,000 package” and your contract says “$120,000 base + super”, you’ve created a disagreement before the employee even starts.
Policies That Support The Package
Some package components are better managed through policies rather than hard-coded in a contract. For example:
- bonus/incentive plan rules (especially if they change yearly)
- expense reimbursement procedures
- remote work and flexible working guidelines
- equipment and IT usage rules
Policies can be updated more easily than contracts, but you still need to ensure your contract references them correctly and sets expectations around compliance.
Don’t Forget Privacy If You’re Handling Employee Data
As soon as you employ staff, you’ll likely be collecting personal information (bank details, emergency contacts, tax file declarations, performance records, and more).
If your business collects personal data more broadly (for example via a website, app, or marketing list), it’s also important to have a compliant Privacy Policy in place, and to ensure your internal practices match what you say you do.
Common Remuneration Package Mistakes We See (And How To Avoid Them)
When hiring is urgent, it’s easy to make package decisions on the fly. Here are some common pitfalls we see with growing businesses and startups.
1. Using “Package” Numbers Without Explaining Super
This is the classic misunderstanding. If you want to use a total package figure, spell out the base and super components in writing.
2. Promising Bonuses Or Equity Without Clear Terms
“You’ll get a bonus” or “we’ll sort equity later” sounds motivating in the early days, but it can become a dispute if expectations aren’t aligned.
If you want to offer equity or options, make sure your company’s governance structure supports it, and that the terms are properly documented. Many startups formalise how the company operates through a Company Constitution, especially where there are multiple shareholders and evolving capital structures.
3. Assuming A Salary Automatically Covers Overtime And Penalties
Depending on Award coverage and actual working patterns, an “all-inclusive” salary can unintentionally underpay an employee. If your team works irregular hours (hospitality, retail, health services, field services), this is especially important to check.
4. Not Matching The Package To The Engagement Type
If the role is genuinely casual, the remuneration may include casual loading instead of paid leave. If the role is permanent, leave entitlements apply. If the person is actually an employee but you’re paying them as a contractor, the “package” might look attractive while creating significant legal risk.
5. Keeping Everything Verbal
Verbal promises are where misunderstandings begin. Putting the package in writing (with clear definitions) helps protect relationships as well as your legal position.
Key Takeaways
- A clear way to think about what a remuneration package is: it’s the total value you offer an employee, including base pay, super, entitlements, incentives and benefits.
- In Australia, your remuneration package must meet minimum legal requirements, including the NES and (where applicable) Modern Awards or enterprise agreements.
- Be precise about whether figures are inclusive or exclusive of super, and ensure your offer letter and contract use consistent language.
- Bonuses, commissions and other incentives should be documented clearly to avoid disputes about eligibility, calculation and timing.
- As your team grows, consistent documentation and policies (supported by the right contracts) can help you scale without introducing payroll and compliance surprises.
Note: This article is general information only and isn’t financial, tax or accounting advice. Because tax and payroll treatment can vary depending on your circumstances, it’s a good idea to check specifics (like super calculations and allowance/reimbursement treatment) with your accountant or payroll provider.
If you’d like help putting together employment documents that reflect the remuneration package you want to offer (while staying compliant), you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.








