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Why it pays to check your employer is making super contributions

2023-07-18 04:30

While it's long been the law that a proportion of an employee's base wage must be paid into super, a significant number of Australians employers fail to meet their obligations.

Missing out on weeks', months' or even years' worth of contributions can have a significant impact on your retirement savings.  It's important you take steps to recoup what's yours, if you become aware that the organisation you work for is not doing the right thing.

Freelance property writer Amelia Barnes learnt the importance of keeping tabs on her super balance early in her working life. 

She spent a year working casual shifts for a business in the hospitality sector, in the NSW regional city of Wagga Wagga, before commencing tertiary studies in 2010. 

Barnes and her colleagues only discovered their super was not being paid when annual statements from their super fund arrived in the post.

"Our statements all indicated no money had been going in, despite the fact that super contributions had been recorded on our pay slips each week," she says.

"It was the latest in a string of fairly dodgy things our employer had done, such as paying us at part-time instead of casual rates to save money, despite the fact our hours changed every week.

"Of course, we were annoyed but being young we didn't fully realise the seriousness of the situation."

Understanding the system

From 1 July 2023, the Superannuation Guarantee System requires employers to pay 11 per cent of their employees' gross ordinary earnings into the superannuation fund of their choosing. 

Payments must be made by 28 days after the end of each quarter (28 October, 28 January, 28 April, and 28 July). 

Businesses that fail to meet their obligations are required by law to pay a Superannuation Guarantee Charge, comprising the outstanding amounts, general interest charge and an administration fee of $20 per employee, per quarter, to the ATO.

Employers underpaying superannuation or failing to pay it at all was a $2.45 billion problem in 2018-19 according to the ATO.

That's what's known as the 'Superannuation Guarantee gap' – the difference between the theoretical amount payable by employers to comply with their superannuation guarantee obligations and the actual contributions received by super funds.

The ATO receives around 20,000 reports of unpaid super guarantee contributions each year, the majority from employees or former employees of small businesses.

How to check you're receiving what's yours

From 1 July 2022, employers will be required to make super guarantee contributions to your superannuation fund if you're over 18, regardless of how much you are paid. If you're under 18, you are eligible to receive super if you work more than 30 hours a week.

You can confirm your eligibility for the Superannuation Guarantee with the ATO's 'Am I entitled to super?' tool and obtain an estimate of what you should be receiving using its 'Estimate my super' calculator, if you suspect your super is not being paid correctly.

A conversation with your employer should be the next step. The ATO recommends you ask how much super you're being paid, how often and into which fund. You should then check your member statements and contact your fund, to determine whether your contributions are being paid on time and in full.

If you believe your employer is not paying enough – or any – super, you can lodge an enquiry with the ATO who will investigate and attempt to remedy the matter.

Keeping tabs

Missing out on contributions for an extended period can have a substantial impact on your final superannuation balance, financial adviser Elliot Watson points out.

"It can be hard to make it up if you don't end up being paid the money," he says.

"Under normal investment theory, the sooner you invest, the better your return will be over a long period of time because, over the long term, markets do tend to appreciate. 

"So, if your employer doesn't pay you for six months, or a year, or a couple of years, then you're potentially missing out on all that theoretical growth which has a compound effect over your remaining working life."

Checking your superannuation balance quarterly will ensure you're not underpaid or unpaid for years on end but only a minority of individuals are so vigilant.

Most folk find out they're being short-changed by word of mouth, as was the case in Barnes' situation.

"Generally some colleague will say to another, 'have you had your super?' and they'll say, 'I don't know' and then they'll do a bit of research and find out the employer is doing it to all the employees," Watson says.

Squaring the books

As an 18-year-old, Barnes says she felt reluctant and anxious about the prospect of pursuing her employer for the $1500 unpaid super owed to her. 

"My dad is an employer and he educated me on my rights so I knew my boss wasn't doing the right thing but, regardless, I was intimidated by the situation," she says.

"I figured it wasn't much money at the end of the day and it was going to be several decades until I was able to access it.

"I realise now this was naïve."

Fortunately for Barnes, one of her colleagues sought assistance from Fair Work and several months later, all employees received their super contributions in full.

The experience has made her more cognisant of the importance of keeping track of her retirement savings.

"I've done my best to make sure my subsequent employers are doing the right thing."

Log into your Smart Choice Super account and check your employer is paying super.

Why it pays to check your employer is making super contributions

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If you're looking for a super solution that's easy to take care of consider ANZ Smart Choice Super

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“ANZ Smart Choice Super” is a suite of products consisting of ANZ Smart Choice Super and Pension (PDF)ANZ Smart Choice Super for employers and their employees (PDF) and ANZ Smart Choice Super for QBE Management Services Pty Ltd and their employees (PDF). OnePath Custodians Pty Limited (ABN 12 008 508 496, AFSL 238346 RSE L0000673) (OPC) is the issuer of the ANZ Smart Choice Super suite of products. OPC is the trustee of the Retirement Portfolio Service (ABN 61 808 189 263, RSE R1000986) (RPS) and the ANZ Smart Choice Super suite of products are part of the RPS. You should consider obtaining financial advice before making any decisions based on the information. You should obtain a Product Disclosure Statement (PDS) relating to the relevant financial product and consider it before making any decision about whether to acquire or continue to hold the product. Target Market Determinations (TMDs) where required for relevant products have to be available for consideration by distributors/members. A copy of the PDS and TMD (where relevant) is available via the links above, and upon request by phoning 13 12 87 or by searching for the applicable product at The ANZ Smart Choice Super and Pension product is distributed by Australia and New Zealand Banking Group Limited (ANZ) (ABN 11 005 357 522).  We recommend that you read the ANZ Financial Services Guide (PDF), before deciding whether to acquire or continue to hold this product. View the ANZ Smart Choice Super and Pension Target Market Determination (PDF). ANZ Smart Choice Super for employers and their employees and ANZ Smart Choice Super for QBE Management Services Pty Ltd and their employees are MySuper compliant products issued pursuant to the latest PDS available at OPC is a member of the Insignia Financial group of companies, comprising Insignia Financial Ltd ABN 49 100 103 722 and its related bodies corporate (Insignia Financial Group). The Australia and New Zealand Banking Group Limited (ANZ) (ABN 11 005 357 522) brand is a trademark of ANZ and is used by OPC under licence from ANZ. ANZ and the Insignia Financial group of companies (including OPC) are not related bodies corporate. ANZ does not stand behind or guarantee these products.

Before re-directing your super or moving your money into ANZ Smart Choice Super, you will need to consider whether there are any adverse consequences for you, including loss of benefits (e.g. insurance cover), investment options and performance, functionality, increase in investment risks and where your future employer contributions will be paid. 

The information provided is of a general nature and does not take into account your personal needs, financial circumstances or objectives. Before acting on this information, you should consider the appropriateness of the information, having regard to your needs, financial circumstances or objectives. The case studies used in this article are hypothetical and are not meant to illustrate the circumstances of any particular individual. Opinions expressed in this document are those of the authors only.

All fees are subject to change. Other key features are relevant when choosing a super fund, including performance. Past performance is not indicative of future performance.

Taxation law is complex and this information has been prepared as a guide only and does not represent taxation advice. Please see your tax adviser for independent taxation advice. The information on insurance cover is a summary only of the terms and conditions applying to the insurance cover. To the extent there is any inconsistency with the terms of the insurance cover provided by the insurer, the terms of the insurance policy will prevail.

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Fee Analysis: Research conducted by SuperRatings Pty Ltd, holder of Australian Financial Services Licence No. 311880 at the request of OPC. For a copy of the latest SuperRatings research, click here (PDF) or call 13 12 87.