I think my employer isn't paying my super — what do I actually do?

Four steps. (1) Confirm the underpayment — log in to myGov, link your ATO record, and check your Super Guarantee history (the ATO shows what employers reported via Single Touch Payroll). Compare to what you should have been paid (12% of OTE for FY 2025-26). (2) Calculate the exact amount owed — this wizard does that math automatically across the quarters you specify. (3) Send a written demand to your employer first — they often pay once asked. (4) If no payment within 28 days, lodge an Unpaid Super Enquiry with the ATO (Form NAT 74880 or via myGov). The ATO can issue a Super Guarantee Charge against your employer which includes the shortfall + interest + an admin fee.

Will I get my super back if my employer goes bankrupt?

Maybe — unpaid super is a priority claim in liquidation but recovery isn't guaranteed. The ATO can pursue the company's directors personally via Director Penalty Notice (DPN) for unpaid super, which is one of the strongest enforcement tools available. The Fair Entitlements Guarantee (FEG) covers unpaid wages and leave when an employer is bankrupt — but FEG does NOT cover unpaid super. That's recovered via the ATO/SGC process or against directors personally.

How far back can I claim unpaid super?

There's no formal time limit for the ATO to investigate unpaid super claims — they have investigated decades-old shortfalls. But practically, evidence (payslips, super statements, employment records) gets harder to source the further back you go. The ATO uses a 'reasonable timeframe' standard — most successful claims involve unpaid super from the last 5-7 years. If you've been at the same employer for 10+ years, all of it can be claimed if you have the records.

Does this tool send anything to my employer or the ATO automatically?

No. This wizard runs entirely in your browser — your details are not sent anywhere. We generate two documents you can send yourself: (1) a recovery letter to email or post to your employer, and (2) a pre-filled summary you can use when lodging an Unpaid Super Enquiry with the ATO via myGov or paper form NAT 74880. You stay in control of when and where to send them.

What if my employer says my super 'is paid quarterly' so it's not late yet?

Under the current SG quarterly rules, super for a quarter must be received by your fund within 28 days after the end of that quarter (so Q1 Jul-Sep must be paid by 28 October). From 1 July 2026, Payday Super starts: employers must pay super within 7 days of every pay run, not quarterly. If today's date is past the 28-day deadline and your fund hasn't received the contribution, that's a Super Guarantee shortfall regardless of what your employer says.

Unpaid Super Recovery Wizard

Free 4-step plan: confirm the shortfall, calculate what you're owed, send a demand to your employer, and prepare an ATO complaint. Runs entirely in your browser — your details are never sent anywhere.

Last verified: 21 May 2026

From 'I'm not getting paid super' to a written demand letter + ATO complaint in under 5 minutes. Free, private, generates Word + PDF output.

1
Confirm shortfall
2
Calculate what you're owed
3
Demand letter to employer
4
ATO complaint summary

Step 1 — Confirm the shortfall

Before the wizard can calculate what you're owed, log in to myGov → Link to the ATO → check your Super Guarantee history. The ATO shows what your employer reported via Single Touch Payroll. Compare that to what your super fund actually received (visible in your fund's app/portal). Note the total dollar amount received.

Your name

Employer name

Employment start date

Through date

Use today's date if still employed.

Hourly rate (AUD)

Ordinary hours per week

Total super your fund actually received over this period (AUD)

Check your super fund app/portal. Enter the total contributions received from this employer. If you've received nothing, leave as 0.

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FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is 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.

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