WA FIFO – Super capped at 38 hrs/week? Legal?

[elledeeye]

I’m a FIFO casual on a fixed, regular roster: 16 days on / 12 days off, ~184 hrs per swing. The roster never changes, it’s set years in advance.



The employer pays monthly but calculates super weekly and doesn’t average it out over the full pay cycle. Super is only paid on 38 hrs/week, even though we regularly work 90+ hrs/week during swings.



All hours are rostered and regular — not picked-up overtime or extra shifts. We’re not paid proper overtime rates, just a slight increase for nights, weekends, and public holidays under a flat rate structure.



Covered by the Electrical Award MA000025



If all hours are rostered and regular, aren’t they all considered Ordinary Time Earnings (OTE)?



Questions:

1. Can an employer legally cap super at 38 hrs/week like this?

2. Shouldn’t super be paid on all rostered hours, even when above 38?

3. Is it lawful to calculate super weekly and not average it across the full monthly pay period?



Thanks in advance

 

[Martis]

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