Employer Not Paying Super? Here's What to Do — Australia (2026)
If your employer is not paying your superannuation, they are breaking the law. Learn how to check, report unpaid super to the ATO, and recover what you are owed.
Is your employer required to pay super?
Yes — since 1 July 2024, employers must pay super on every dollar of ordinary time earnings for all employees, regardless of how much they earn. There is no longer a $450 per month minimum threshold. The current Super Guarantee rate is 12% (from 1 July 2025). Your employer must pay SG contributions at least quarterly: by 28 October, 28 January, 28 April, and 28 July. This applies to full-time, part-time, and casual employees. Some contractors may also be entitled to super if they are paid wholly or principally for their labour.
How to check if your employer is paying super
Step 1: Log into your super fund's online portal or app and check for recent employer contributions. Step 2: Use the ATO's myGov-linked services to view your super account across all funds. Step 3: Check your payslips — employers are required to show super contributions on each payslip (though the payment may be delayed until the quarterly due date). Step 4: Ask your employer directly for a record of super payments. Remember that super is paid quarterly, so there may be a lag. If your employer's quarterly deadline has passed and no contribution has appeared, they may be in default.
What happens if your employer doesn't pay super?
If an employer fails to pay SG by the quarterly deadline, they are liable for the Super Guarantee Charge (SGC). The SGC includes: (1) The unpaid super amount (calculated on total salary and wages, not just ordinary time earnings — a penalty in itself). (2) An interest charge of 10% per annum from the start of the quarter. (3) A $20 administration fee per employee per quarter. The SGC is not tax-deductible for the employer, unlike normal super contributions. Directors of companies that fail to pay SGC can be held personally liable under director penalty notices.
How to report unpaid super
Step 1: Try to resolve it with your employer first — sometimes it is an administrative error. Step 2: If your employer does not pay after being notified, lodge an 'Unpaid super enquiry' through the ATO website (ato.gov.au). You can do this anonymously. Step 3: The ATO will investigate and can issue a Superannuation Guarantee Charge to the employer. Step 4: The ATO has strong enforcement powers — they can garnish bank accounts, issue director penalty notices, and prosecute in serious cases. Step 5: You can also contact the Fair Work Ombudsman if you believe the unpaid super is part of a broader pattern of underpayment.
Can you claim unpaid super when you leave?
Yes — there is no time limit on claiming unpaid super. Even if you have left the employer, you can still lodge a complaint with the ATO. The ATO can go back and recover unpaid super from any period. If your employer has gone into liquidation or insolvency, the Fair Entitlements Guarantee (FEG) may cover some unpaid super in limited circumstances, though typically FEG does not cover super. Your best protection is to check your super regularly while employed and report issues early. The longer you wait, the harder it may be to recover if the employer becomes insolvent.
Try these free tools
Official resources
General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.
Related articles
Step-by-step guide if your employer isn't paying super. How to check via myGov, report to the ATO, and what enforcement powers exist for unpaid super.
ATO Super Guarantee Rate 2025-26 — 12% From 1 July 2025 (Official Rates)The ATO super guarantee rate for 2025-26 is 12% of ordinary time earnings from 1 July 2025. Check your employer is paying correctly. Free calculator, quarterly deadlines, OTE rules, max contribution base ($65,070/qtr).
Minimum Wage Australia 2026: $24.10 Per Hour — Current Rate & Casual LoadingAustralia's national minimum wage is $24.10/hr ($915.90/week) for 2025-26. Casual rate with 25% loading: $30.13/hr. Free calculator to check if you're being underpaid.
Penalty Rates Australia 2026: Saturday, Sunday & Public Holiday RatesWhat are your weekend and public holiday penalty rates? Lookup by award — retail, hospitality, fast food & more. Free calculator shows exactly what you should earn per hour.