Unpaid super. What process does the Tax Office follow to investigate unpaid super?
What do I do if I think my employer is not paying my super?
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.
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).
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 phoning the Tax Office on 13 10 20.
Before phoning the Tax Office on 13 10 20 you will need to prepare information to help us record your enquiry. Please refer to:
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. You can try to recover the superannuation that should have been paid to you directly from your employer.
If you areemployed under thefederal 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 Workplace Ombudsman may be able to help you if you have not received all of your workplace conditions and entitlements. The Workplace 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 you or your superannuation fund.
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