🇦🇺Australia

Unterbezahlte Superannuation für Skilehrer führt zu Nachzahlungen und Strafen

3 verified sources

Definition

Ski schools commonly pay instructors a mix of hourly wages plus commission per lesson, often with highly variable rosters and seasons. Where lesson bookings and commissions are tracked in separate systems (or spreadsheets) from payroll, employers frequently omit commission components from ordinary time earnings or miss SG on some casual shifts. The ATO states that employers who do not pay the correct super by the due date must pay the Superannuation Guarantee Charge (SGC), which is made up of the super shortfall calculated on a broader base, nominal interest at 10% and an administration fee of AUD 20 per employee per quarter.[1] The SGC is not tax-deductible.[1] For repeated or significant underpayments, the ATO can also impose Part 7 penalties of up to 200% of the SGC.[1] In reviews of hospitality and seasonal industries, super shortfalls of 2–6 years are common, with remediation amounts running from tens of thousands to millions of dollars. For a mid-sized Australian ski school with, for example, 40 instructors each earning an extra AUD 8,000 in lesson commissions per season that are incorrectly excluded from OTE, the missed SG at 11.5% is AUD 36,800 per season. Over four seasons this is AUD 147,200 in principal. Adding SGC interest (~10% p.a. simple) and administration fees (AUD 20 per instructor per quarter) can easily add AUD 30,000–50,000. If the ATO additionally applies a 50% Part 7 penalty (a typical reduced penalty when there is some cooperation), the total payable can exceed AUD 250,000 for what began as record-keeping errors on commission payments. This is a LOGIC-based estimate grounded in ATO’s SGC formula and published penalty framework; the exact loss will vary by resort size and audit period.

Key Findings

  • Financial Impact: Quantified (logic-based): For a ski school with 40 instructors and AUD 8,000 seasonal commissions each that were excluded from OTE over 4 seasons: super shortfall ≈ AUD 147,200 (11.5% SG); SGC interest and admin ≈ AUD 30,000–50,000; plausible ATO Part 7 penalty at 50% ≈ AUD 73,600; total exposure in an ATO review ≈ AUD 250,000–270,000 for four years, plus internal remediation and advisory costs.
  • Frequency: Medium to high in seasonal, casual-heavy operations; crystallises upon ATO review or employee complaint, usually covering 2–5 prior years.
  • Root Cause: Fragmented systems between ski school lesson bookings and payroll; manual calculation of instructor commissions; misunderstanding that lesson commissions or per-lesson payments are not part of ordinary time earnings; lack of periodic reconciliation between booked lessons and payroll; high seasonal staff turnover reducing institutional compliance knowledge.

Why This Matters

The Pitch: Ski resorts and Skischulen in Australia 🇦🇺 waste AUD 10,000–150,000+ over several years on Superannuation Guarantee Charge, adviser fees and remediation for miscalculated instructor commissions. Automation of lesson booking–to–payroll integration and SG calculations on commissions eliminates this risk.

Affected Stakeholders

Resort CFO/Finance Manager, Payroll Manager, Ski School Director, HR Manager, External Tax/Payroll Adviser, Ski and snowboard instructors (employees and certain contractors later reclassified as employees)

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Financial Impact

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Methodology & Sources

Data collected via OSINT from regulatory filings, industry audits, and verified case studies.

Evidence Sources:

Related Business Risks

Fehlklassifizierung von Skilehrern als Auftragnehmer statt Arbeitnehmer

Quantified (logic-based): Example ski school with 25 misclassified instructors for 3 seasons, earning AUD 22,000 each per season: wage underpayment at 10–20% ≈ AUD 165,000–330,000; unpaid SG at 11.5% ≈ AUD 189,750; SGC interest and admin ≈ AUD 40,000; plausible civil penalties ≈ AUD 100,000–150,000. Total historical exposure ≈ AUD 400,000–700,000 plus legal and accounting costs.

Nicht abgerechnete oder versehentlich rabattierte Skikurs-Buchungen

Quantified (logic-based): Assuming 1–3% revenue leakage on lesson revenue from unbilled or mispriced items. For a ski school with AUD 4 million in annual lesson revenue, this equates to ≈AUD 40,000–120,000 per year, or AUD 200,000–600,000 over five years, directly impacting gross margin.

Verlorene Auslastung durch manuelle Skikurs-Planung und Überbuchung/Unterbuchung

Quantified (logic-based): 5–10% lost potential lesson revenue through poor scheduling. For a capacity of AUD 3 million in lessons per season, this equals ≈AUD 150,000–300,000 per season in unrealised revenue or wasted wage capacity.

Customer Friction from Dynamic Pricing

AUD 10,000+ per peak day in lost sales (based on 40 unsold passes at AUD 250 avg. weekday adult rate)

Pricing Visibility Errors

AUD 40-75 per ticket in forgone revenue (15-30% of AUD 256 weekday adult rate)

GST Reporting Complexity

AUD 5,220 minimum fine per BAS error + 20-40 hours/month manual reconciliation (ATO penalty units at AUD 330/unit from 2025)

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