Employer Not Paying Super? Here's What to Do — Australia (2026)

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's 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.

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.

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 isn't 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.

Step 1: Try to resolve it with your employer first — sometimes it's an administrative error. Step 2: If your employer doesn't 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.

Yes — there's no time limit on claiming unpaid super. Even if you've 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.