Unpaid super: What you can do
29 May 2019
5
min read
Your super is important from day one of your first job. If you think you may not have been paid super, here’s what you can do.
A staggering 2.85 million Australians may not be getting the superannuation they are entitled to, with the amount they are missing out on totalling approximately $5.94 billion.
That’s the conclusion of an Industry Super Australia (ISA) analysis of tax office data from 2016/17.1
So what are the rules about your super, and what can you do if your employer isn’t paying your super?
How much super should your employer pay?
The Superannuation Guarantee system, introduced back in 1992, stipulates that all employers must pay a proportion – currently 9.5% – of their eligible employees’ ordinary times earnings into the superannuation fund of their choice. Ordinary time earnings are generally what you earn for your ordinary hours of work. It includes things like commissions, shift loadings and allowances, but not overtime payments. There may also be exceptions to this.
Payments must be made on the 28th of the month following the end of the quarter, and employers who fail to meet this deadline are required by law to rectify the matter by paying a Superannuation Guarantee Charge to the Australian Tax Office (ATO). This charge consists of the outstanding amounts of required contributions, plus interest of 10% and an administration fee payable each quarter for each affected employee.
How to get back your unpaid super
There are three things you can do if you have not been paid all of your super entitlements on time:
1. Check your super
To check whether your entitlements are being paid on time, start by making it a habit to check your super account.
Checking your balance every three months (once a quarter) will help you spot any payment anomalies and track the growth of your retirement savings. If you’re a QSuper account holder, you can log in to Member Online to check your current balance and recent contributions payments.
If you’re unsure how much you should be receiving in employer contributions, use the ATO’s Estimate my super tool. It can provide an estimate of quarterly contributions based on your gross wages or salary (exclusive of overtime) for the period.
2. Ask your employer
If payments seem to be missing, check with your employer to see whether and when they were paid. Your employer’s payroll office or accounting system should be able to generate a record of all transactions to your account.
3. Report it to the ATO
If you believe your contributions have been underpaid, paid late, or not paid at all, you can report the matter to the ATO by lodging an online report or calling 13 10 20.
You’ll need to provide your personal details including your tax file number, your employer’s details including their ABN, and the period covered by your enquiry.
Before lodging a report, the ATO recommends you do the following:
- Confirm you’re entitled to the Superannuation Guarantee via the ATO Am I Entitled to Super tool as not all employees are eligible.
- Create a MyGov account and link it to the ATO. This will enable you to check how much super you’ve been paid in the previous two years and provide you with details of all your super accounts, including any you’ve lost or forgotten.
1 Source: https://www.industrysuper.com/assets/Uploads/d62c256bec/Super-Scandal-Unpaid- super-guarantee-in-2016-17-FINAL.pdf