Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
If you manage payroll in a small business, you’ve probably come across the phrase “paid in arrears”. It’s common across many industries in Australia, especially where hours vary week to week, or where overtime and allowances need to be tallied after the work is done.
Handled well, paying in arrears makes payroll more accurate and predictable. Handled poorly, it can cause confusion, underpayments and compliance headaches.
In this guide, we’ll unpack what “paid in arrears” means for employers, when it makes sense to use it, the legal details you need to get right (wages, super, tax and payslips), and practical steps to implement it confidently in your business.
Paid In Arrears Meaning: The Basics For Employers
“Paid in arrears” means you pay an employee for work they’ve already completed in a past period, rather than paying in advance for upcoming work.
For example, if your pay cycle ends on Sunday and you pay on the following Thursday, that Thursday payment covers the previous week’s work. That’s payment in arrears. Most payroll systems operate this way because it lets you capture the actual hours, overtime, penalties and allowances that occurred, not estimates.
Arrears vs Paying In Advance
- Pay in arrears: You pay after the pay period ends (e.g. fortnight ending Sunday, paid the next Thursday).
- Pay in advance: You pay before the work is done (rare in employment, more common with retainers or prepayments in supplier relationships).
Paying in arrears is not a loophole or a way to delay wages. It’s simply a payroll timing model. You still need to pay staff correctly and on time according to the applicable award, enterprise agreement or contract.
Is “Payment In Arrears” The Same As “Back Pay”?
No. Paying in arrears is routine payroll timing. Back pay is a separate concept: it’s when you owe additional wages because the employee was previously underpaid or a rate changed retrospectively. You can run both in the same payroll, but they are different obligations.
Why Businesses Pay In Arrears (And When It Makes Sense)
Many small businesses choose arrears because it’s practical and fair. Here’s why:
- Accuracy: You capture the actual hours worked, including overtime, penalties, allowances and leave taken. This reduces the need for corrections later.
- Cash flow predictability: You know the exact amounts before payroll runs, which helps with cash flow planning.
- Compliance: Awards and agreements often require specific loadings or penalty rates. Arrears gives you time to confirm the right entitlements.
- Variable rosters: If shifts change frequently or you’re using a roster that’s finalised after the week ends, arrears avoids guesswork.
Potential downsides include employee expectations (some workers prefer earlier payment) and the need for tight processes so wages aren’t delayed. Clear communication and consistent cycles will usually address these concerns.
How To Set Up Pay In Arrears The Right Way
If you’re starting from scratch or switching from a different approach, set up your arrears process deliberately. A clean process will save you time and reduce risk.
1) Choose Your Payroll Cycle And Cut-Offs
Decide whether you’ll pay weekly, fortnightly or monthly. Most small businesses use weekly or fortnightly cycles. Then set a clear cut-off: for example, timesheets due Monday 12pm, payroll processed Tuesday, and pay day Thursday.
Communicate these details to staff in writing. Consistency builds trust and reduces queries.
2) Reflect The Arrangement In Contracts And Policies
Spell out the pay cycle, frequency, and cut-off process in each Employment Contract. Back this up with internal policies (for example, a payroll or timesheet policy) so managers and staff know what’s expected.
If you’re moving from a different schedule, follow a proper process for changing employment contracts, consult affected employees, and give reasonable notice before the change takes effect.
3) Check Awards And Agreements For Pay Timing Rules
Awards and enterprise agreements may specify pay frequency, timing and the method of payment. Make sure your chosen cycle is permitted, and that you’re applying penalty rates, loadings and allowances correctly. If in doubt, get help with award compliance before you lock it in.
4) Align Timesheets, Rosters And Approvals
Set up a simple workflow so timesheets are accurate and approved before the cut-off. For example, require managers to approve hours by midday Monday, and use system reminders to prevent delays.
5) Communicate Clearly With Your Team
Explain what “paid in arrears” means, how the cycle works, when they’ll be paid, and what to do if there’s an error. Include examples (e.g. “Your pay on Thursday covers last week’s roster, including Saturday penalties”). A one-page explainer can save many emails later.
Payroll, Super And Tax: What Arrears Changes (And What It Doesn’t)
The arrears model changes when you run payroll, but your underlying legal obligations remain the same. Here are the big-ticket items to get right.
Wage Payments And Payslips
- You must pay the correct base rates, loadings, allowances and penalties as required by the award or agreement.
- Provide payslips within one working day of payment. Your payslips need to show the pay period, gross and net pay, and key details like super contributions.
- Make super, tax and other deductions as usual - the timing of arrears doesn’t change these obligations.
Superannuation And OTE
Super is generally calculated on an employee’s Ordinary Time Earnings (OTE). Whether you pay in arrears or not, you still calculate super based on the earnings for the relevant period, and you must pay at least quarterly by the due dates.
Bonuses, allowances and overtime rules can be nuanced when it comes to super. If variable components are common in your business, review your pay items and check how they’re categorised for super purposes. When in doubt, get payroll advice early - fixing super errors later can be costly.
Tax Withholding
Withhold PAYG tax from wages according to ATO tables. Arrears doesn’t change how PAYG works; it simply means the payroll event reporting and pay date fall after the period ends. Ensure your systems line up with Single Touch Payroll (STP) requirements.
Payment Frequency
There’s no single Australia-wide law that sets pay frequency for all employees, but awards and agreements often do. Stick to the frequency you’ve committed to. Late payments can breach the award and damage trust with your team.
Handling Variations: Overtime, Allowances, Commissions And Termination Pay
Paying in arrears really shines when the period includes variable entitlements. The key is to have a clear method for capturing and approving them.
Overtime And Penalty Rates
Many awards require overtime to be paid when certain thresholds are hit (e.g. more than 38 hours per week, or outside ordinary hours). Arrears lets you tally this after the period finishes and include it in the next payroll. Make sure you’re applying the right overtime and penalty rates for weekends and public holidays.
Allowances And Loadings
Travel, meal, uniform and other allowances are easier to calculate after the period ends. Your timesheet or rostering system should capture triggers for these allowances so they’re not missed.
Commissions And Incentives
Sales commissions are commonly paid in arrears because they depend on finalised sales figures, client payments or other performance criteria. Document the rules in a simple Commission Agreement so everyone understands when commissions are “earned” and when they’re paid.
Time Off In Lieu (TOIL)
If your award or agreement allows TOIL instead of paid overtime, accrue it accurately and confirm approvals before the cut-off. A clear policy and record-keeping process helps you manage this. If you do pay out time off balances, do it on the same arrears cycle you use for wages. For more context on swapping overtime for time credits, see how time in lieu is handled under Australian employment law.
Termination Pay
When someone leaves, you’ll usually run a separate off-cycle payment to finalise wages to the last day worked, unused annual leave (and long service leave where applicable), and any other entitlements. It often needs to be paid promptly, not just on your next routine payday. Use a checklist and confirm notice arrangements (including any pay in lieu) to avoid errors. If you need a refresher, this guide to calculating final pay sets out the main components to consider.
Common Mistakes And How To Avoid Them
Most payroll errors come down to unclear processes or assumptions. Here are common pitfalls when paying in arrears - and how to steer clear of them.
1) Vague Or Missing Documentation
If your contracts and policies don’t mention pay frequency, cut-offs and approval steps, you’re leaving room for disputes. Include these in each Employment Contract and support them with internal policies (for example, timesheet and rostering guidelines).
2) Changing Pay Cycles Without Consultation
Switching from weekly to fortnightly, or altering pay days, can’t be done unilaterally where it impacts contractual terms or employee entitlements. Consult staff, give reasonable notice, and follow a proper process for changing employment contracts.
3) Missing Award Nuances
Arrears doesn’t fix classification or rate mistakes. Make sure you’ve classified employees correctly under the relevant award and that your payroll system applies the correct loadings, allowances and penalty rates. If you’re unsure, get help with award compliance before issues snowball.
4) Super/Tax Misclassifications
Don’t rely on default system settings for super and withholding. Check each pay item (e.g. bonuses, allowances, paid leave, overtime) is correctly set up for super and PAYG based on current ATO and award rules. Review your Ordinary Time Earnings mapping at least annually.
5) Loose Timesheet Practices
Unapproved or late timesheets will derail an arrears process. Introduce clear due times, manager approvals and system reminders. Keep records for the required retention period in case of audits or disputes.
6) Under-Communicating With Staff
Most friction comes from uncertainty about “what period this pay covers.” Use a standard line in payslips and onboarding materials that states the pay period and pay date. Offer a simple explainer during induction so staff understand the cycle from day one.
Setting Up Your Documents And Processes
Good documentation will make your arrears process smooth and defensible. At a minimum, consider:
- Employment Contract: State pay frequency, method, pay day, pay period, cut-offs and approval steps in each Employment Contract.
- Payroll/Timesheet Policy: Outline how and when timesheets are submitted, who approves them, and what happens if deadlines are missed.
- Staff Handbook Or Workplace Policies: Centralise your payroll expectations, leave approvals and rostering rules in your staff policies so managers apply them consistently.
- Commission Agreement (if relevant): Document how commissions are earned, calculated and paid via a tailored Commission Agreement.
- Offboarding Checklist: Prepare a simple checklist for terminations that covers last day worked, notice, payouts and timelines for off-cycle payments.
If your business is scaling or your roster patterns are complex, it’s worth having an employment lawyer review your setup before your next cycle changes.
Key Takeaways
- “Paid in arrears” means employees are paid for a past period after the work is done, which improves accuracy for overtime, penalties and allowances.
- Arrears doesn’t change your legal obligations - you must still pay the right entitlements on time, issue payslips, withhold tax and pay super correctly.
- Set a clear cycle with cut-offs, reflect it in contracts and policies, and align your timesheet and approval processes to avoid delays and errors.
- Check awards and agreements for permitted pay frequency and entitlements, and keep an eye on super rules tied to Ordinary Time Earnings.
- Handle variations like overtime, allowances, commissions and termination pay with clear documentation and timely off-cycle payments where needed.
- Avoid common pitfalls by documenting your process, consulting staff before cycle changes, and getting help with award compliance and contract terms.
If you’d like a consultation on setting up a paid-in-arrears payroll process for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.


