Every dollar you earn through hard work counts, and that includes the money you earn that goes into your super. So, what can you do if you have unpaid super?
Imagine you had worked many hours, and on your scheduled payday, you didn’t receive your pay. Most people would reach out to their employer to ask what was causing the delay. Well super is no different and is just as much your money as your regular wage (the main difference – your super is your money set aside for the future).
Unpaid super includes super contributions that haven’t been paid in full, on time, or to the right super account. Most employers do the right thing and are on the ball when it comes to paying your super. But we're all human, and mistakes can happen.
That’s why it’s important to stay on top of your Super Guarantee (SG) contributions and understand your options if you have unpaid super and what your employer’s obligations are.
What can you do if you have unpaid super?
Discovering you have unpaid super may initially be a shock, but it's not the end of the world. If you think you may be owed unpaid super, there are steps you can take.
Are you eligible?
Firstly, not everyone qualifies for super from their employer. So, before you do anything, make sure your employer is required to contribute to your super in the first place. This can depend on your age, your employment status, and other factors. Read more about eligibility for the Super Guarantee.
Check your payslips and super statements
Pull out your payslips and super statements. See the correct super contribution amount listed on your payslip? This doesn’t always mean that the contribution has been made into your super fund. That’s why you should still cross-check this with your super fund's member statement and/or contributions history. Depending on your super fund, you can usually do this online through a member portal or an app. It should show you all the employer contributions that your employer has paid. You can also see this by logging in to the Australian Taxation Office (ATO) online portal via myGov.
Rest members can jump on the Rest App or MemberAccess and see their super balance and employer contributions whenever they want.
Speak with your employer
If things still aren't clear, it's a good idea to approach your employer. They should be able to provide you with more information. You can start by asking them questions like:
- How often are you paying my super?
- Which super fund are you paying my contributions to?
- How much super are you paying me?
Communication is key here, and it's all about resolving your uncertainties.
Contact the ATO
If you've followed all the steps and you believe you haven’t been paid super or the right amount of it, you can report your unpaid super to the ATO. They can help you sort out the issue. But keep in mind that they can only investigate an enquiry one month after the SG payment due date (see below) for the quarter.
How often does your employer have to pay super?
From July 1, 2026, Payday super brought new rules to the way the super guarantee is paid. Under the government’s new laws from 1 July 2026, super will be paid at the same time as salary or wages. With this change, employers will have up to 7 working days to make sure super guarantee amounts reaches an employee’s super fund.
As such, the old quarterly due dates for super guarantee payments no longer apply. Instead, employers will need to ensure their super obligations are made at the same time as salary or wage payments.
What is the Super Guarantee charge for unpaid super?
An employer must pay an SG charge to the ATO if they fail to pay an eligible employee’s super in full, on time, and to the right super fund. Think of it as a charge for employers who missed a payment, paid less than required, or couldn’t pay on time.
For an employer, the SG charge (SGC) is a bigger expense than the super contributions they’re required to make, as it also includes interest and administration fees. With that said, an employer can claim a tax deduction for an amount of SGC paid. However, a tax deduction cannot be made for paying any general interest that accrues on the SGC or the amount of late payment penalty that was imposed for failing to pay the SGC.
How much super are you entitled to?
If you’re eligible for the SG, the minimum super contribution your employer must pay you is currently 12% of your pay, or specifically of your qualifying earnings. Your employer can pay more if they choose to.
There's also a limit on how much you can earn and still be eligible for the SG – this is known as the maximum super contribution base (MSCB). Under Payday Super, the maximum amount of contributions payable by an employer is calculated over a year instead of each quarter. Therefore, if the maximum contribution base is reached in a financial year, an employer can stop paying super guarantee contributions for the employee for that year.
What is payday super?
Payday Super is new legislation from the Australian government that aims to improve the superannuation system. Under the new laws that commenced 1 July 2026, your super will be paid at the same time as your salary or wages. With this change, your employer will have up to 7 working days to make sure your super reaches your fund.
Receiving your Superannuation Guarantee (SG) contributions in this way, whether weekly, fortnightly or monthly, means your super can be invested sooner, potentially helping your balance grow faster with compound interest.
