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If you think that your employer is not paying your super, the Tax Office has processes in place to help you investigate this.
The following step-by-step process will assist you by walking you through the various steps involved.
If you’re concerned about unpaid super guarantee contributions, you should:
Step 1
Talk to your employer. You should ask them how often they are currently paying your super, into which fund they are paying it, and how much they are paying. It’s a good idea to ask these sorts of questions when you start work with an employer.
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You should also make sure you are eligible to receive super. Usually an employer has to pay super contributions for you if you are over 18 and you are paid at least $450 in salary and wages (before tax) in a month. It doesn’t matter if you work casual, part-time or full-time hours. You can also be eligible if you are a contractor working primarily for labour (eg graphic designer).
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Step 2
Check your last Member Statement from your super fund, or contact them to confirm if your employer has paid your super.
Step 3
If you have completed steps 1 & 2 and still believe your employer is not paying enough or any super, and/or is not paying the super to your chosen fund, you can lodge an enquiry about unpaid super by
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Before using the online calculator tool or phoning the Tax Office on 13 10 20 you will need to prepare information to help us record your enquiry. Refer to:
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Other ways to obtain unpaid super
If you lodge an enquiry with the Tax Office, we will take action on the information you provide.
Below are some other ways you can try to obtain unpaid superannuation from your employer.
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If you are employed under the federal workplace relations system (that is, if you are/were employed in the ACT, Northern Territory or Victoria, or you are employed by a company in another state or under a federal award or agreement), you can seek an order from an eligible court under the Workplace Relations Act 1996.
Alternatively, the Fair Work Ombudsman may be able to help you if you have not received all of your workplace conditions and entitlements. The Fair Work Ombudsman may get you to complete a Wages and Conditions claim form and pursue your entitlements on your behalf, including going to court, if necessary.
If you are employed under one of the state industrial relations systems (in NSW, Queensland, South Australia, Western Australia or Tasmania), each state has its own laws that enable the courts to order your employer to pay the amount of the shortfall to your superannuation fund.
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Further information
For further information on super, see Individuals super essentials.
Last Modified: Monday, 7 September 2009
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