Unpaid super
What you should do if you haven't been paid your super entitlements
If you believe your employer has been underpaying your super, there are steps you can take to ensure you’re receiving your super entitlements in full.
Eligible employees are entitled to super guarantee (SG) contributions from their employer, equivalent to 11.5% of ordinary time earnings. If eligible, your employer is required by law to pay SG contributions at least quarterly. This means that while your contributions will be listed on your regular payslips (which may be weekly, fortnightly or monthly), your employer may not make the payments to your super fund until the end of the quarter.
Here are the high-level steps of what you should do if you think your super has been underpaid. Full details are available on the ATO website.
Step 1 – Check if you’re entitled to super
The ATO’s ‘Am I entitled to super?’ tool can help you determine if you’re entitled to SG contributions. The tool will ask you to answer some questions about your working arrangement with your employer, and will then advise you whether you’re entitled to SG contributions.
Step 2 – Has the correct super payment been made into the right fund?
You should check your online account regularly, as well as your payslip, to ensure your SG contributions or any other payments from your employer have been paid into the right fund.
Your SG contributions may have been paid into a different fund, particularly before ‘stapling’ came into effect on 1 November 2021. You can check this with your employer and by logging into your myGov account.
Your member statement is a great way to check up on your super and it details your transactions. You will have received an email to access your member statement or a posted statement, depending on your preferences.
Recent legislative changes – super stapling
Your existing active super account will now be ‘stapled’ to you and follow you when you change jobs. This is different to the previous system where you were automatically placed in your new employer’s default fund if you didn't make an active choice. When you start a new job, your employer may need to request your stapled super fund details from the ATO. Your SG contributions will be paid to your stapled fund if you don’t make a choice.
Step 3 – Calculate your super entitlements
If you believe you’ve been underpaid super and you’ve checked your account, you should be able to calculate how much super you’re entitled to and the period it relates to. The ATO’s Estimate my super tool could help you determine an approximate amount.
Step 4 – Make a report
Once you’ve gone through each step and confirmed with the Helpline that your super hasn’t been paid in full, you can report your employer through the ATO. The ATO will keep you informed of your report’s status.
Be prepared to make your report with the following information:
- Your personal details, including Tax File Number (TFN)
- The period of your inquiry
- Your employer’s details, including their Australian Business Number (ABN)
We’re here to help
If you think you’ve been underpaid super, our team is here to help.