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What is unpaid superannuation?
Australian law requires an employer to pay eligible employees a percentage of income into a super fund at least every three months. The current minimum percentage, also known as the super guarantee, is 10% (as of July 2021). From 1 July 2022, employers are required to make these super contributions regardless of how much the employee is paid.
If your employer is intentionally underpaying your entitlement to superannuation, they may also be committing a criminal offence (from Jan 1 2025). |
Unpaid superannuation is essentially money you earned working for someone else, but didn’t receive.
Why is recovering unpaid super important?
- This growing balance in your superannuation fund is building your retirement savings.
If your employer doesn’t pay your super, or is not paying your super correctly, you could miss out on thousands or even hundreds of thousands of dollars that you're entitled to in the future.
This tool can help you understand whether you are entitled to super contributions
- Your super provides you with insurance that protects you if you suffer an injury or illness that impacts your work.
If you or a family member missed out on death or disability insurance due to an employer’s failure to pay super properly, our experts may be able to help you claim compensation on top of recovering your unpaid super.
- You may have a limited amount of time to claim any unpaid super.
Employers are required to keep your employee records for only five years. If the ATO cannot access these records as they're from too long ago, they may not investigate your claim.
If you suspect your employer isn’t paying enough or any super into your account, it's important to take action as soon as possible.
How to claim unpaid super
The Australian Taxation Office (ATO) can help you recover your unpaid super, but there's a few steps to complete before you reach out to the ATO.
Check that you’re eligible for super
You’re likely to be eligible to receive super from your employer if:
- you are over 18 years old
- you are employed full time, part time or casually
- for work performed before July 2022, you earn more than $450 (before tax) per month
This tool can help you understand whether you are entitled to super contributions.
Compare your super statements with your payslips
Your recent super member statement should show regular amounts deposited into your account and should match the amounts listed on your payslips or yearly payment summaries. To check this is correct, calculate your super entitlements by multiplying your gross (before tax) salary by 10% (or 0.1).
Reach out to your employer
If you notice a discrepancy between your super and income statements, bring it to your employer’s attention. It might be a simple mistake or administration delay. Request that they take steps to restore any missing funds from your super account.
Notify the ATO
If you’ve followed the steps above and your employer still won’t pay the super you’re entitled to, it’s time to make a claim with the ATO.
Visit the ATO website to find out more about making a claim or contact the ATO directly to get started.
How can Maurice Blackburn help me with unpaid super compensation claims?
Our employment lawyers and superannuation lawyers can help guide you through every step of your unpaid super compensation claim, including whether:
- your employer has paid your super correctly
- any breach caused you or a family member to miss out on death or disability insurance that would have been provided through a super fund membership
- you can claim compensation for the loss of that insurance and if so ensuring you receive every last dollar and benefit you are entitled to
Remember, time limits apply on collecting your unpaid super and related damages, so follow the above steps to protect your rights.
Has your employer not paid your superannuation?
We can help you claim compensation for lost insurance due to unpaid super contributions.
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We're by your side
Our employment lawyers and superannuation lawyers have an outstanding record of achieving successful outcomes for employees in both the private and public sector. We know how to navigate this increasingly complex and ever-changing area of the law.
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Book an initial consult online. Your first consultation costs $690 (incl GST).
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At your one hour consult our superannuation lawyers will provide advice on your situation, the best action to take, and next steps.
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Of eligible cases, most are resolved out of court. Discretion is assured.
Maurice Blackburn has won more than $3 million in unpaid wages and entitlements for our clients while continuing to pursue 7-Eleven franchisees to recover money that is owed to the workers.
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