• Step 1 – Query received

    What are we doing?

    When we receive your enquiry, we make sure we have all the information required to proceed with an investigation.

    We may contact you to clarify or gather more information.

    How long will this take?

    You should receive a letter acknowledging your enquiry shortly after providing all the required information.

    What information will you be told?

    We'll provide you with an overview of information about the enquiry process. This includes when you'll hear from us next and the steps in the process. We'll also advise what else you can do and where you can obtain more information.

    Questions you may have at this stage of the process

    What are SG entitlements?

    SG entitlements refer to SG and choice of super fund.

    The SG is a minimum level of super an employer must pay to eligible employees by law.

    Choice of fund gives many employees the right to choose which super fund receives their employer SG contributions.

    Can I lodge an enquiry about unpaid super if the period in question was over five years ago?

    SG legislation requires an employer to keep records for five years. If the period your enquiry relates to falls outside this timeframe, we can only determine if your employer has not made sufficient SG contributions where you have sufficient written documentation to support your entitlement.

    If you don't have documentary evidence that your employer has not met their SG obligations, we cannot take any further action in relation to periods beyond five years ago.

    When will you hear from us?

    We will send you a letter if:

     

    Step 2 – Investigation progressing

    What are we doing?

    We follow up with your employer to obtain the information we need to determine if they met their SG obligations.

    If we don't receive the required information from your employer by the due date, we will try to work out whether they met their SG obligations based on the information we do have.

    How long will this take?

    We aim to complete investigations as quickly as possible, but delays may occur if:

    • your employer is slow to respond to our request for information
    • your employer does not provide enough information
    • we have a large number of investigations in progress.

     

    What information will you be told?

    We'll advise you if we are experiencing delays with our investigation of your employer.

    Questions you may have at this stage of the process

    Why do you wait so long to receive the information required from the employer?

    We give your employer set timeframes to provide us with the information we requested. There may be circumstances unique to your employer where we need to allow them a longer period.

    Once our deadlines have passed, we will make a decision based on the information we have available to us.

    In some situations, we may not have enough information to make a decision, and may need to pursue legal action to obtain the information we need. This can be a very long process.

    We will continue to advise you of the progress of our investigation.

    When will you hear from us?

    We will send you a letter when our investigation of your employer is closed.

    You will also receive a letter if:

     

    Step 3 – Employer debt established

    What are we doing?

    Based on information received from your employer, we established they have not met their SG obligations.

    We will send:

    • your employer an assessment that tells them how much they owe and when payment was due
    • you a letter telling you we have completed our investigation and the SG amount owing to you.

     

    How long will this take?

    We aim to complete investigations as quickly as possible. Some may take longer, particularly if we need to go to court to obtain the information we require from your employer.

    Questions you may have about this letter

    How much super will I get?

    Phone us and we will advise you of the amount you are owed by your employer for the period of your complaint. This amount is only an estimate based on the information provided to date.

    The actual amount paid into your super fund may differ from the estimate we provide, because the estimated amount:

    • accrues interest on a daily basis
    • could decrease if the employer provides new information that proves they owe a lesser amount.

     

    When will you hear from us?

    We will send you a letter:

     

    Step 4 – Debt collection progressing

    What are we doing?

    When we establish your employer has not met their super obligations, we issue them an assessment. The assessment tells your employer how much they owe and when their debt was due.

    We will pursue the outstanding debt from your employer. This involves contacting them by phone or in writing to come to an agreement on how the debt will be collected. Your employer may be asked to pay the outstanding amount in full or they may negotiate payment over time in a series of instalments.

    We may commence legal action in cases where we are unsuccessful in collecting the amount owed.

    How long will this take?

    We aim to collect the debt owed by your employer as soon as possible. During this period, the debt accrues interest daily.

    The timeframe depends on your employer’s ability to pay their debt. Delays may occur if:

    • your employer has not responded to our request for payment
    • your employer does not adhere to an agreed payment plan
    • we need to initiate legal action against your employer
    • your employer has disputed the debt we have estimated they owe. We may need to re-calculate the debt, based on new information provided by your employer. The amount payable to you may change.

     

    What information will you be told?

    If your employer has not paid their debt, we will send you a letter advising you:

    • we are still pursuing collection of your employer’s debt
    • we have commenced legal action against your employer.

    If your employer makes payments promptly, you will receive a letter from us providing details of how much was transferred into your super fund.

    When will you hear from us?

    We will send you a letter:

     

    Step 5 – Query closed

    What are we doing?

    We will close your query after concluding our investigation and taking available steps to retrieve any outstanding SG amount.

    What information will you be told?

    You will receive a letter advising that your query has been closed and an explanation of the reason why.

    There are a number of reasons why your query can be closed, such as:

     

    See also:

      Last modified: 01 Sep 2016QC 19274