Unpaid Super

How super is paid now (payday super)

Super is no longer just paid every few months. From 1 July 2026:

your employer should pay super every pay cycle (e.g. weekly, fortnightly or monthly)

contributions should generally reach your super fund within about 7 business days of payday

you should be able to see payments appearing regularly in your super account

Why this matters:

Because payments happen more often, it’s easier to spot missing super early instead of waiting months.

How to claim unpaid super

Follow these steps if you think your super hasn’t been paid.

Step 1: Check you’re eligible

Most employees are entitled to super. You’re generally eligible if:

you’re 18 or older (no minimum hours required), or
you’re under 18 and work more than 30 hours in a week

It doesn’t matter if you’re:

full-time, part-time or casual
a temporary resident

You may also be eligible if you’re a contractor. Under superannuation law, if you’re a contractor who is paid wholly or mostly for your labour, you’re considered to be an employee and therefore entitled to super guarantee contributions just like any other employee.

Step 2: Check your super payments

Start by checking your super fund account or your latest statement. Look for:

recent contributions from your employer
whether payments are coming through each pay cycle

What to look out for:

missing payments after one or two pay cycles
irregular or delayed contributions
smaller amounts than expected

Most employers don’t set out to fall behind in their superannuation payments but when times are tough they may not prioritise super. Therefore, it is important to check your super is being paid regularly. Because if the company goes out of business it may be too late to recover your unpaid super.

Step 3: Talk to your employer

Most employers do the right thing, however sometimes employers miss payments, stop paying, or even pay into the wrong fund. You should ask your employer:

How often they are currently paying your super?
How much is being paid?
To which fund is it being paid?

Also ask them if you are eligible to choose your own super fund. You most likely are.

Step 4: Talk to your union

Your super fund or union may also be able to help you if you are not comfortable speaking to your employer.

Step 5: Lodge an ATO enquiry

If you have completed Steps 1, 2, 3 and 4 above and still believe your employer is either:

not paying any super
not paying enough super, or
not paying into your chosen super fund

…then you should report unpaid super by lodging an enquiry with the ATO, who will then take up the investigation into your unpaid superannuation.

You can also call the ATO on 1800 060 062 to make a confidential tip-off if you want to keep your identity confidential.

When should your super be paid?
See the dates

Penalties for not paying super

Employers who do not pay the correct super for their employees may have to pay a Superannuation Guarantee Charge (SGC) which is made up of the shortfall amount, interest on that amount (currently 10%) and an administration fee (currently $20 per employee, per quarter). Employers are also required to keep accurate superannuation records. The Australian Taxation Office (ATO) can take stronger action if an employer doesn’t pay the charge including issuing an ATO penalty notice directing the employer to pay the unpaid super. Failure to abide by a penalty notice can result in significant fines and possible imprisonment for company directors. The charge is not tax deductible; another reason why most employers do the right thing and make their super guarantee contributions on time.

Legislation recently passed by the government amends the Superannuation Guarantee (Administration) Act 1992 and closes a legal loophole that allowed employers to short-change employees who make extra salary sacrifice super contributions by calculating compulsory super on the lower wages after salary sacrifice contributions were deducted. Employee salary sacrifice arrangements will not reduce nor satisfy employers’ required super guarantee contributions (currently 12%).