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I Am Being Underpaid or Not Paid Superannuation, What Can I Do?


Although we know that superannuation is essential for our retirement, many of us pay little attention to ours. So it may come as a shock to find out that your employer is underpaying your superannuation or perhaps not paying it at all. If this is the case for you and your employer has ignored your concerns regarding the matter, here’s what you can do.

What to do if you believe you’re being underpaid super?

If you believe you’re being underpaid super or not being paid it at all, you should report your employer to the Australian Taxation Office (ATO) and also to your superannuation fund. Your super fund may have a contractual arrangement with your employer that grants them permission to chase up the funds for you.

Reporting underpaid / unpaid super

To report, you can call the ATO on 13 10 20 or use the ATO online tool. The online tool allows you to inform the ATO that your employer has neglected to pay your super, paid your super late or paid your super into the wrong fund.

The ATO can only look into a claim about unpaid super once the due date for the employer to lodge the contribution has passed. You can find out more information including the due dates for lodgement, and the information you’ll need to provide for the claim, by visiting the link above.

How to check if your employer is paying super

To check whether your employer is processing your superannuation and paying the right amount, follow these steps:

  1. Check that the due date for your employer to lodge your superannuation contribution has already passed, you can check this on the ATO's online tool.
  2. Ask your employer or the employer’s payroll officer if the superannuation contribution was made, and if so, when it was made.
  3. Call your super fund or check by logging into your fund’s online account to see if the fund has received the contribution. Your fund’s online account is also a convenient way to keep track of your superannuation balance. So if you don’t currently use it, it’s definitely worth considering.
  4. Check how much your employer has put in your account over the last two financial years by using MyGov’s ATO portal.

I need more information

For more information, contact the ATO or visit SuperGuide, an independent website about Australian superannuation with answers to numerous frequently asked questions.

Contact us

Shine Lawyers has a team of skilled superannuation lawyers who can assist you in making a claim. We work on a “no win, no fee” basis and can help you in areas such as superannuation claim back, early release of superannuation, income protection claims and total and permanent disability (TPD) claims.

Written by Shine Lawyers. Last modified: October 22, 2019.

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