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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.
If you’re concerned about unpaid super guarantee (SG) contributions, follow the steps below.
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. Also ask your employer if you are eligible to choose your super fund. 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:
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.
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.
You can create a myGov account and link to the ATOExternal Link to:
Find out more
Check your super
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.
Before using the online calculator tool, you will need to prepare information to help us record your enquiry. Refer to:
If your enquiry relates to a period more than five years ago, we will ask you to provide sufficient 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?
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 systemExternal Link (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 OmbudsmanExternal Link 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 databaseExternal Link 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 systemsExternal Link (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.
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