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  • Writer's pictureBrian AJ Newman LLB

What are the superannuation laws in Australia?

In Australia, superannuation is a fundamental part of the employment framework, designed to help employees accumulate savings for their retirement. Governed by the Fair Work Act 2009 and specific superannuation legislation, these laws outline the responsibilities and rights of both employees and employers.


The Superannuation Guarantee (SG) is a key component, requiring employers to contribute a set percentage of an employee's ordinary time earnings into a superannuation fund. As of 2023, this rate is 10.5%, with a planned increase to 12% by July 2025.


Eligibility for the SG scheme extends to most employees, including full-time, part-time, and casual workers. Typically, employees aged 18 and over earning at least $450 before tax in a month are eligible, as well as employees under 18 working more than 30 hours a week.


Employees generally have the right to choose their superannuation fund, and employers must provide a 'standard choice form' and respect the employee's choice by making contributions to the selected fund.


For self-employed individuals, while there is no mandatory requirement to contribute to a superannuation fund, it is often recommended as a means of saving for retirement.


Employees can also make additional contributions to their superannuation, either as concessional (pre-tax) or non-concessional (after-tax) contributions, subject to annual caps.


Consolidating superannuation funds is advised for employees who have accumulated superannuation in different funds across various employments, to avoid multiple fees and simplify their retirement savings.

Access to superannuation funds is generally restricted until reaching the preservation age and retiring, though certain conditions allow for early access.


Superannuation contributions and earnings are taxed under specific regulations, typically at a lower rate than ordinary income tax.


Under the Fair Work Act 2009, employees have the right to pursue claims for unpaid wages and superannuation. In cases where employers fail to make appropriate superannuation contributions, employees can approach the Fair Work Ombudsman or the Australian Taxation Office (ATO) for assistance.


The Superannuation Complaints Tribunal offers a free, independent service to resolve superannuation-related disputes.


Understanding these superannuation laws is crucial for both employers and employees to ensure legal compliance and informed retirement planning. For specific cases or more detailed information, consulting with a superannuation expert or financial advisor is recommended.


Need help? Call 1800ADVOCATES for a FREE consultation.


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