Bonuses are a long-standing and largely effective method of encouraging higher levels of performance from the employees of your business.
Given bonuses are usually set on an economic basis, e.g. if we can secure (a) level of performance then we can afford to pay (b) to the employee, it is imperative that there are no hidden variables to the bonus amount payable.
Bonuses come in many shapes and sizes, but overwhelmingly the superannuation guarantee governed by the Superannuation Guarantee (Administration) Act 1992 (Cth) will apply to those bonuses.
Performance bonuses, ex gratia bonuses and Christmas bonuses have all been held to be connected to the ordinary time earnings of an employee and thus require the requisite superannuation guarantee payment on those amounts in addition to the amounts themselves.
The only bonus that does not attract superannuation is a bonus in respect of overtime only. This needs to be a clear bonus given in connection with specific overtime hours worked outside of the ordinary hours of the employee. It is not sufficient to suggest an employee's ability to meet the bonus performance levels would have likely required the working of overtime.
The consequences of miscalculating superannuation payable on bonuses extends further than simply paying that amount to the employee upon discovering the error. Interest, penalties and fines can all form part of the superannuation guarantee charges that apply to late payments and rectifying prior miscalculations.
A two-pronged approach is recommended to ensure superannuation payable on bonuses doesn't 'slip through the cracks'. You should ensure that:
- your employment agreements have clear wording surrounding bonuses payable. If the intention is that the amount is "inclusive of superannuation" this should be explicitly stated and explained to the employee; and
- your payroll processor is fully aware of your organisation's obligations in this regard.
We have seen instances where bonus payments were put through without the requisite deduction and separate contribution to the employees' superannuation fund/s. Whilst the employment agreement stated the amount was inclusive of superannuation, the employer elected not to seek to claw back money from its employees in order to divert those amounts to their superannuation accounts. Although the employer may have had legal grounds to do so, it would have been at best awkward, and at worst morale-destroying, given the length of time that had elapsed. Prevention is always better than the cure.
So, when you're next cooking up some tasty bonuses for your hard-working employees, be sure you're not concocting a recipe for disaster by documenting and paying it correctly.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
