• Our process when investigating unpaid super enquiries

    We can provide you with advice on the progress of your unpaid super and choice of fund enquiries, provided the information:

    • doesn't relate to the financial affairs of your employer
    • relates directly to the Commissioner's response to your complaint about your employer's failure to comply with their SG obligations.

    Note: in some cases your employer is encouraged to comply by paying any outstanding super and sufficient interest directly into your nominated fund. Where this occurs we will contact you and provide the outcome over the phone including the amount paid and fund details. When this occurs, you will not receive any of the letters outlined in the steps below.

    Once you lodge a query, we'll keep you updated about the progress of your case by letter or email. We'll contact you each time we reach one of the steps set out below. If you're registered with myGov, progress letters will be sent to your myGov account. If not, we'll send letters to the postal address attached to your tax file number (TFN). Notify us if you change address or mobile number and ensure your myGov account is up-to-date.

    We may need to contact you to obtain information or discuss details of your enquiry. This will generally be by phone or SMS –be prepared and respond promptly to our messages. It's important we speak to you to save time in the investigation process.

    The steps below give a detailed description of the work we do at each step of our investigation and the information you will receive.

    Step 1

    Query received

    Step 2

    Investigation progressing

    Step 3

    Employer debt established

    Step 4

    Debt collection progressing

    Step 5

    Query closed

    Example: Best outcome for Joe

    Joe has worked for Make Believe Pty Ltd for the past two years. Joe checks his statement from his super fund, Total Super, and discovers Make Believe Pty Ltd has not been paying him enough super.

    Having achieved no result after contact with his employer, Joe lodges an enquiry with the ATO, so his unpaid super can be investigated.

    Shortly after lodging his enquiry, Joe receives a letter from us acknowledging receipt of his enquiry and an overview of the steps we will take during the course of the investigation.

    A period of time passes and Joe receives another letter from us. This letter advises we have established there is an outstanding SG amount payable by Make Believe Pty Ltd to Joe.

    Another period of time passes and Joe receives another letter from us. This letter advises we have has transferred a sum of money from Make Believe Pty Ltd into Joe’s account with Total Super.

    Finally, Joe receives a letter from us advising his enquiry has been closed.

    Summary – Joe’s enquiry is completed within 12 months.

    End of example
      Last modified: 01 Sep 2016QC 19274