WorkWelfareWills - What if Superannuation Contributions aren't paid?

3. What if Superannuation Contributions Aren’t Paid?

If your employer doesn’t pay super contributions into a Fund for you, you can take action.

The Australian Taxation Office (ATO) is responsible for collecting unpaid compulsory super.
If you think your employer hasn’t paid any or enough super, you should notify the ATO.
Call the ATO on 131 020 and they will ask you some basic questions about your unpaid super.
The ATO will record your notification and should try to collect the super and pay it into a super fund you nominate.
It can take many months to collect the money and there is no guarantee the ATO will do so.
It’s important to chase up the ATO for progress.
The ATO will not collect any insurance benefits you have lost.

If you are covered by award super or if your work agreement includes super, you may be able to sue your employer to collect the contributions and any insurance benefits you have lost.
It’s doubtful the ATO will try to collect any insurance benefits.
Your super fund can also take action to recover unpaid contributions.

It’s very important to check that your employer is paying super contributions.
Superannuation contributions might be recorded on your pay slips and you can contact the superannuation fund to check. Contributions will also be recorded in the annual statements you get from the superannuation fund.
If your employer goes out of business, your super might never be collected. You might also lose valuable disability and death cover. (see “Superannuation Disability Benefits” and “Superannuation Death Benefits” fact sheets.)
If the contributions aren’t being paid, get help immediately from the ATO, a lawyer who specializes in this area, or your union