As an employer you are responsible for identifying which employees are eligible to choose their fund.

Employees can generally choose their super fund if they are:

• employed under a federal award
• employed under a former state award, now known as a ‘notional agreement preserving state award’
• employed under another award or agreement that does not require super contributions, or
• not employed under any state award or industrial agreement (including contractors paid principally for their labour).
• employed under an enterprise agreement or workplace determination made on or after 1 January 2021 .
  

Employees may not be eligible to choose a super fund if:

• they are under a state industrial award
• they are under a preserved state agreement
• they are under a federal industrial agreement such as an Australian Workplace Agreement (AWA)
• they are under a pre-reform AWA, pre-reform certified agreement, collective agreement
• they are under a old industrial relations (IR) agreement, individual transitional employment agreement (ITEA)
• they are under a workplace determination, or enterprise agreement
• they are in a defined benefit fund or are a member who has already reached a certain level of benefit in the applicable defined benefit fund.
• their super fund undergoes a merger or acquisition
  
• they're on a temporary working visa.