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  • Other ways to obtain your unpaid super

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

    There are some other ways you can try to obtain unpaid super from your employer, including:

    • If you're employed under the national workplace relations system, you can seek an order from an eligible court under the Fair Work Act 2009. This includes people who are or were employed in the ACT or any state or territory other than Western Australia, or by a company in Western Australia or under a federal award or agreement.
    • The Fair Work Ombudsman may be able to help you if you haven't received all of your workplace conditions and entitlements. They may get you to complete a wages and conditions claim form and pursue your entitlements on your behalf, including going to court.
    • Some investigations result in the Fair Work Ombudsman receiving payments from employers for outstanding wages and entitlements. Search the Fair Work Ombudsman's unpaid wages database to find out if your employer paid the Australian Government money owed to you.
    • If you're employed under one of the state industrial relations systems (in NSW, Queensland, South Australia, Western Australia or Tasmania), each state has laws that enable the courts to order your employer to pay the shortfall amount to your super fund.

    See also:

    Information you need for your enquiry

    When you lodge an enquiry about your unpaid super, we will ask for:

    • permission to use your name when contacting your employer (in some instances we may not be able to proceed with your enquiry or there may be delays if permission is not provided)
    • your employer’s contact details including business address
    • your employer’s ABN (you should be able to obtain this from your last payslip, payment summary or from the employer’s business letterhead stationery)
    • your contact details
    • details of the period of the unpaid super (when the issue started and ended, including the month and year).

    You will also need to provide information on whether you:

    • were paid at least $450 (before tax) in a calendar month – the online calculator tool will require your total salary or wages per quarter
    • are under 18 years old, worked more than 30 hours per week and were paid at least $450 (before tax) in a calendar month
    • checked with your employer and super fund if any super was paid, where you believe your employer has not paid super into your nominated fund access ATO online services by logging into myGovExternal Link to ensure the money was not paid into your employer’s default fund within 60 days of your nomination
    • if you're being paid as a contractor, but believe you're an employee for super purposes, you need to provide a copy of the invoices you issued to your employer for the period of your enquiry.

    See also:

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    Documentation if your enquiry is from over five years ago

    Generally, we will not pursue unpaid super enquiries where the complaint is for a period that ended over five years ago. This is due to the difficulty in establishing whether there is an outstanding entitlement for super, as employers are only required to keep employment records for five years.

    If you were hired under a contractual arrangement and reported personal services/business income, we can't pursue any unpaid super enquiry because the period is over five years ago.

    If you reported your income as salary and wages, we can't pursue your enquiry unless the following can be provided as a minimum:

    • original payment summaries received from the employer for the years in question.
    • copies of super fund statements for the years in question, plus a further six months.

    We may also ask you to provide pay slips issued by the employer demonstrating whether contributions were being made to a particular fund.

    Even with this information, there is no guarantee your enquiry can be progressed due to the timeframe of the enquiry.

    If you decide to proceed with your enquiry, you will receive a letter within 28 days advising whether the investigation will commence.

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      Last modified: 30 Jan 2018QC 19274