I am a shift-worker, and currently getting a shift loading 15% for dayshifts and 30% for nightshifts. Recently, I noticed that the shift loading part is not counted as SUPER salary by our employer: i.e., current superannuation contribution (both employer's and my own contributions) is calculated only based on a base-salary without shift loading (from 2008 to present). From ATO website, it clearly indicates that shift loading should be counted as OTE (ordinary time earning). Checklist: salary or wages and ordinary time earnings | Australian Taxation Office I called ATO for more information, and their suggestion is to contact " Fair Work Australia". My questions: 1. Is it OK for an employer to do so? What's consequence for an employer NOT to comply with ATO's rules? 2. If the employer is dodgy on this, what is the best way to resolve this? Getting a lawyer involved? Or getting help from UNION? 3. Since it has been 7 years (started from 2008), is it possible to get "backpay", or get some compensation for lost interest? Any suggestion and comment are welcome.