My employer hasn't paid my super

6 min read
HomeLearning HubMy employer hasn't paid my super
Start by not assuming the worst, there could be a small issue preventing your super being paid into your chosen account. Here we’ll go through five things to check if your employer hasn’t paid your super.
It’s important to note that if your employer is not paying your super and you are eligible, they are breaking the law.
But run through this checklist first;

1. Are you being paid cash?

Literally cash in your hand, not into your bank account. If you are, your employer is still required to provide you with a payslip outlining how much money, tax and super you have been paid. If they haven’t given you one, it’s a good idea to request one.

2. Am I eligible?

For example, if you are under 18, you also need to work 30 hours per week. There is an ATO tool to check your eligibility.

3. Have you checked the Transactions page in your Engineering Super account?

Log in and check your Transactions page carefully.

4. Make sure the deadline for super payments has passed.

For example, if you worked over January and February, you may not see your super paid into your super account until the 28 April deadline.
It can then take another few business days for the payment to be processed and appear in your account. In this example, maybe check after 3 May to be sure.

5. Is your employer paying into a different super account?

Without accusing your employer of anything, it is fine to ask your employer;
“Hey - can I please check what super account you have on file for me?”
If they say - “We have you in XYZ default super”. You can choose to ask, “Do you mind if I change that to Engineering Super”. In most cases, they should have no problem with this. Just hand them the pre-filled super nomination form on the Tell my employer page.
Recap -
  • You aren’t being paid cash without a payslip.
  • If you are under 18, you’ve worked more than 30 hours a week.
  • You’ve have checked the Transactions page carefully.
  • The correct quarterly payment deadline, plus 5 business days, has passed.
  • Your employer confirms they have your correct details for your Engineering Super account.

Hmmmm…

After carefully going through the checklist and the employer still has not paid, or refuses to pay, or won’t talk about paying your super - what do you do?

Step 1

You can raise the issue politely with your employer. Try to clarify what their position is. Are they saying they don’t owe you super? Are they saying they are “behind” and will sort it out “soon”? Do they just dodge the question?
The best way to have this conversation is by asking questions;
“Do we get paid super here?”
If no, “Isn’t it illegal to not pay super?”
“Isn’t the deadline April 28?”
“When will super get paid?
“What frequency does our company pay super?”
“I would like to understand how super works here.”
This is better than getting into a heated argument “You haven’t paid my super!!” Try and keep the conversation calm and “I’m just trying to understand…”.
You can see the quarterly payment deadlines on the How super is paid page.

Step 2

If your employer won’t resolve your super payment issue, your next step is to report the situation to the ATO. There is an online tool that you can use and they will investigate based on the information you provide.

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