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联系ATO.
https://www.ato.gov.au/Individua ... m%20your%20employer,by%20super%20funds%20and%20employers.
Unpaid super – what you can do
If you think your employer isn’t paying your super contributions, follow these steps:
Step 1: Are you entitled to super?
Use our Am I entitled to super? tool to confirm you're entitled to super before taking any further steps.
After answering some questions about the working arrangement between you and your employer, you'll receive advice on whether you're entitled to super from the employer.
If the outcome is that you are entitled to super, go to step 2.
Step 2: Has the correct super payment been made into the right fund?
Check how much has been paid into your super account by:
looking up your super on ATO online services to view the super contributions that have been paid into your nominated super fund and reported to us
asking your employer
how much they've paid
which fund they've paid it into
checking your member statement from your super fund.
If you've left a job and are no longer in touch with your previous employer, check whether your super entitlement has been paid into a different fund than the one you expected. You can identify any super funds in your name using ATO online services (see Keeping track of your super online).
If you're satisfied that your super entitlements have not been paid or under paid, go to step 3.
If you think your super entitlements have not been paid into the right fund, check whether you're eligible to choose the fund and if so whether the payments have been paid into the fund you nominated on a superannuation standard choice form.
Step 3: Calculate your super entitlements
If you know how much super hasn't been paid and the period it relates to, go to step 4.
If you're unsure, use the Estimate my super calculator to work out your entitlement. If you believe you haven't been paid the correct super, go to step 4.
Step 4: Report unpaid super
If you've confirmed your super hasn't been paid correctly and completed all of the checks in the above steps, you can report your employer using our online tool.
If possible, try to resolve your complaint by discussing it with your employer before reporting them. For example, if they've made a simple mistake in calculating your entitlement or paying it into the right fund, an open discussion might be the most effective way to sort things out and get your super back on track.
If you do decide to report your employer to us, we'll keep you updated on the investigation, including any recovery actions we might be taking.
Documentation if your complaint is from over 5 years ago
We may not be able to take action where the complaint is for a period that ended over 5 years ago, as employers are only required to keep employment records for 5 years.
However, if you reported your income as salary and wages, we may be able follow up a complaint for a period that ended over 5 years ago if you can provide the following as a minimum:
payslips and any other payment documentation, including payment summaries for the relevant period
super fund statements for the relevant years, plus a further 6 months.
Even with this information, there is no guarantee your complaint can be progressed.
Advising you of the outcome of our investigation
If you've chosen to report your employer, we'll keep you updated throughout the investigation. If we establish there is an SGC debt, we'll inform you of the recovery actions we're taking.
Other ways to claim your unpaid super
As well as reporting your employer to us, there are other ways you can try to claim unpaid super from your employer, including.
The Fair Work OmbudsmanExternal Link (FWO) may be able to help you if you haven't received all of your workplace conditions and entitlements. They may get you to complete a wages and conditions claim form and pursue your entitlements on your behalf, including going to court. The ATO can only investigate shortfalls in contributions that are required under the SG rate. Any entitlement you have above the SG rate (such as may be provided under an industrial award) is a matter for the FWO.
Some investigations result in the FWO receiving payments from employers for outstanding wages and entitlements. Search the FWO's unpaid wages database to find out if your employer paid the Australian Government money owed to you.
If you're employed under the national workplace relations system, you can seek an order from an eligible court under the Fair Work Act 2009. This includes people who are or were employed in any state or territory other than Western Australia, or by a company in Western Australia or under a federal award or agreement.
If you're employed under one of the state industrial relations systems (in NSW, Queensland, South Australia, Western Australia or Tasmania), each state has laws that enable the courts to order your employer to pay the shortfall amount to your super fund. |
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