Victoria Legal Aid

Superannuation and complaints

Who can help if you think your employer is not paying the correct superannuation entitlements.

Superannuation, or 'super' is a form of compulsory savings for retirement that is paid by your employer..

Superannuation is a debt by the employer to the Australian Tax Office. They will take action to get the money from your employer if the correct amount of super has not been paid.

By law, employers must pay superannuation for all casual, part-time and full-time employees who are 18 or over and earn more than $450 per month. If you're under 18 and you work more than 30 hours per week, your employer must pay superannuation for you.

Employers must also pay super for contractors who are employed mostly for their labour if they work more than 30 hours a week and are paid $450 or more each week (before tax).

Employers do not have to pay superannuation if you are:

  • under 18 years of age and work less than 30 hours a week
  • over 65 years of age if you have worked less than 40 hours (in the last 30 days)
  • earning less than $450 gross (before tax is taken out) a month
  • doing domestic work for less than 30 hours a week
  • paid according to the Remote Jobs and Communities Program.

Checking your super

Talk to your employer to find out how much super they are paying. This should be on your pay slip.

You should also get statements from your super fund each financial year. You can contact your super fund for more current information.

The Australian Taxation Office has an online calculator toolExternal Link to help you determine whether your employer is paying the correct amount.

How to make a complaint

If you have checked your super and you think your employer is not making the correct payments to your super fund, you can contact the Australian Taxation OfficeExternal Link . They have the power to investigate your complaint.

The Australian Financial Complaints AuthorityExternal Link provides consumers and small businesses with fair, free and independent dispute resolution for financial complaints.

Lost track of superannuation

The Australian Taxation Office has a register of money that has been deposited into superannuation accounts and then forgotten when an employee changes jobs or leaves work. You can access this online to help you keep track of and manage your super. The myGov website can help you consolidate super from different employers. Read Keeping track of your super.External Link

Other support

Find out how you can get other support for employment.

Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

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Reviewed 08 April 2022

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