Your super obligations
To help your employees save for their retirement, employers have certain responsibilities.
Are you an employer?
Under super laws, if you employ someone through a verbal or written contract — full-time, part-time or on casual basis — you’re an employer and must pay super for your employees. You may also need to pay super contributions for certain independent contractors. Find out more at the ATO website.
FAQs - your super obligations
As an employer, you must:
- pay super for your eligible workers
- pay the right amount of super to the right place at the right time. Find out how.
- nominate a default super fund
- pass on your employees tax file numbers to their super fund(s)
- keep records
The amount of super you need to pay your employees is set by the government. From 1 July 2024 the super guarantee (SG) rate is 11.5% of your employee’s gross salary. Find out more
The SG you make for your employee is in addition to your employee’s salary.
It’s the fund you pay super into for employees who can't or don't choose their own fund.
As an employer, you must nominate a default super fund for your employees. This is the super fund you’ll pay SG contributions into for any employees who don’t choose a super fund, have an existing super fund you have to pay into or make a choice that isn’t valid.
Your default fund needs to be a complying fund that’s authorised by the Australian Prudential Regulation Authority (APRA) to offer a MySuper product.
A MySuper product needs to offer default death and total and permanent disablement (TPD) insurance on an opt-out basis that meets certain minimum requirements.
CareSuper is a complying fund and MySuper authorised, so we’re eligible to be your default super fund. Our MySuper authorisation number is 74 559 365 913 178.
We offer many benefits for our members, including default Death and TPD insurance that exceeds the minimum requirements. We’re also here to provide you as much or as little support as you need to meet your super responsibilities quickly and easily.
Australian workers are now 'stapled' to their existing super fund or the first super fund they join.
Stapling legislation, introduced as part of the Australian Government’s Your Future, Your Super reforms, requires employers to make SG contributions to their new employee’s existing super fund unless otherwise instructed. The employee can still choose to join the employer’s default fund or another eligible fund.
Stapling aims to reduce the number of super accounts Australians accrue throughout their working lives and eliminate unnecessary fees for multiple accounts.
When a new employee joins your business and doesn’t provide instructions to pay to a particular super fund, you must check with the ATO to see if the employee has an existing ‘stapled’ super fund. The stapled fund process only applies where the employee doesn’t exercise a choice of fund.
- If your employee chooses an eligible super fund, you must pay SG contributions into that fund.
- If your new employee doesn't choose an eligible fund, you must search ATO online services to see if your new employee has an existing super fund. If they do, you must pay SG contributions into that fund.
- If your employee doesn’t choose a fund and your search of ATO online services shows they don’t have an existing super fund that can accept contributions, you pay SG contributions into your default MySuper fund.
Yes, it applies to all employers.
Note: If you're a Tasmanian State Government employer, the Public Sector Superannuation Reform Act 2016 (section 21) remains compliant, and you don’t need to consider stapling.
Stapling applies to all new employees from 1 November 2021. This includes any full-time, part-time and casual employees who are eligible to earn super.
Pass on your employee’s tax file number (TFN) to their super fund.
When your employee gives you their TFN, you must pass it on to their chosen super fund, either:
- on the day you first make a super contribution for that employee or
- within 14 days of receiving it, if not available at the time of the first contribution
- you must also ensure any third parties that manage your payroll or distribute super contributions pass on TFNs to other super funds too
Tip: If you don’t provide an employee’s TFN to their super fund, they may pay extra tax on their contributions, won’t be able to make personal contributions and will miss out on government super incentives. You may also face penalties.
To supply a TFN for an employee with a CareSuper account, give us a call on 1800 005 166.
Keep records of your super payments for at least five years.
You need to keep records to show you've satisfied your SG obligations, including details of how much you paid in SG contributions for each employee and how you calculated the amounts.
You'll also need to show that you've offered any eligible employees their choice of super fund.
Even if you're using a clearing house, you'll still need to keep your own records. Make sure you keep your super records for at least five years.
When you're preparing the annual payment summaries for your employees, include the amount of any extra super contributions you've made for them where:
- the amount is more than your compulsory SG and award obligations and
- the employee can influence the amount you've contributed
This is referred to as reportable super contributions. Reportable super contributions (such as salary sacrifice contributions) are part of the income tests for some government benefits and obligations. They aren't included in an employee's assessable income and don't affect how you calculate their super contributions. Find out more at the ATO website.