Unpaid super

If you think that your employer is not paying your superannuation (super), we have 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.

What do I do if I think my employer is not paying my super?

If you're concerned about unpaid super guarantee (SG) contributions, follow the steps below.

Step 1

Talk to your employer. You should ask them how often they are currently paying your super, was a choice of fund offered to you, 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.

You should also make sure you are eligible to receive super. Usually an employer has to pay super contributions for you if you are either: 18 years old or over and paid at least $450 (before tax) in salary or wages in a month, under 18 years old, work more than 30 hours per week and are paid at least $450 in salary or 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 and being paid primarily for labour (for example, a graphic designer). Labour includes mental and artistic effort as well as physical work.

Step 2

Check your last Member statement from your super fund or contact them to confirm whether your employer has paid your super contributions for the period you are investigating.

Step 3

If you have completed steps 1 and 2 and still believe your employer is not paying enough, or any, super, or is not paying the super to your chosen fund, you can lodge an enquiry about unpaid super by:

• using the online Employee superannuation guarantee (SG) calculator tool
• phoning us on 13 10 20.

Before using the online calculator tool or phoning us, you will need to prepare information to help us record your enquiry. Refer to: What information do I provide if I lodge an enquiry about unpaid super? What process does the ATO follow to investigate unpaid super enquiries? If your enquiry relates to a period more than five years ago, we will ask you to provide irrefutable written documentation to support your entitlement - refer to Will I need to provide written documentation if my enquiry relates to a period more than five years ago?

Other ways to obtain unpaid super

If you lodge an enquiry with us, we will take action on the information you provide.

Below are some other ways you can try to obtain unpaid super from your employer.

If you are employed under the federal workplace relations system (that is, if you are or were employed in the ACT or any state or territory other than Western Australia, or you are employed by a company in Western Australia or under a federal award or agreement), you can seek an order from an eligible court under the Fair Work Act 2009. 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. Some investigations result in the Fair Work Ombudsman receiving payments from employers for outstanding wages and entitlements. You can search the Fair Work Ombudsman's unpaid wages database to find out if your former employer paid the Commonwealth the money that was owed to you. 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 super fund.

For further information on super, refer to Individuals superannuation - home.