EBA clauses

EBA minimum weekly super, handled automatically.

Many construction EBAs set a minimum weekly super contribution — a flat dollar amount owed even if someone works two hours. Generic payroll calculates percentage-only super and underpays. Project Payroll computes the higher of the two and pays it automatically, every pay run.

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The clause

What is EBA minimum weekly super?

It is a flat weekly amount that must reach the worker's fund — often CBUS — no matter how many hours were worked that week. You see it in CFMEU-pattern agreements and in Greenfields agreements written for a single project.

  • A dollar figure, not a rate

    The agreement names an amount per week per worker. Two hours worked, forty hours worked — the floor is the same.
  • It sits over the top of the SG rate

    Percentage super still applies. The minimum only bites in short weeks, which is exactly when nobody is watching.

The failure

Why does generic payroll get it wrong?

Payroll engines calculate super as a percentage of earnings. A flat weekly minimum is not a percentage of anything, so there is nowhere to put it. Short weeks get underpaid unless someone manually tops up every affected worker, every pay run, forever.

One rain week on a 60-person site can mean 60 manual top-ups, each one a chance to miss a worker.

The fix

How Project Payroll handles it

Before each pay run finalises, our service checks every worker. If percentage super falls below the EBA minimum, the shortfall is added automatically as a super adjustment inside the pay run. One super amount on the payslip. Nothing manual.

Checking super against the EBA minimum…

  • Higher of the two, always

    The engine compares percentage super with the weekly floor and pays whichever is greater.
  • Redundancy funds too

    The same automation covers redundancy fund contributions — Incolink, BERT and CIPQ — where the agreement sets a weekly figure.

Comparison

Which approach survives an audit?

  • Manual top-ups

    Accuracy risk
    High — depends on someone remembering every short week
    Admin time per pay run
    20 to 90 minutes, more after wet weather
    Audit trail
    Ad hoc notes, no record of what was compared
  • 0% super workarounds with spreadsheets

    Accuracy risk
    Very high — super is calculated outside the pay engine
    Admin time per pay run
    An hour or more, plus reconciliation
    Audit trail
    A spreadsheet nobody can reproduce twelve months later
  • Project Payroll

    Accuracy risk
    Low — the check runs on every worker, every run
    Admin time per pay run
    None. It happens before the run finalises
    Audit trail
    Clause, minimum, comparison and adjustment stored per pay run

Exposure

What it means for wage theft exposure

Systematic underpayment of super under an EBA is underpayment. Since 1 January 2025, criminal provisions apply to intentional underpayment of wages and entitlements in Australia. "We meant to top it up" is a weak answer. A repeatable automated control beats memory, and it produces the record you need if anyone asks.

Minimum super questions

Does the payslip show one super amount?

Yes. The top-up is folded into the pay run, so the worker sees a single super figure for the period, not a percentage line and a correction line.

Does it work with CBUS?

Yes, and it is fund-agnostic. The minimum applies to whichever fund the agreement names, and the same logic runs for every worker in the pay run.

What if the EBA minimum increases mid-agreement?

The rate schedule is stored with effective dates, so the new minimum applies from the day it starts. Nobody has to remember the date.

Is this included in the EBA build?

Yes. It is part of the $2,500 EBA setup and is maintained ongoing at no extra cost.

Reviewed August 2026. General information, not legal advice.

Your agreement

Does your EBA have this clause?

We run it automatically. Send us your agreement and we'll tell you which clauses your current payroll can't handle.

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