Mistakes, Complaints and Official Sources
Unpaid super from your employer: how to check, what to ask and how to report it
How to tell if your employer has not paid your super under payday super, the steps to take with your employer, how to report unpaid super to the ATO, and what records to keep.
If your super is missing, first check your fund's app or online account to see whether contributions have arrived; since 1 July 2026, under payday super, each payment should generally reach your fund within 7 business days of payday. If it has not, ask your employer in writing, with your payslips. If that does not fix it, report unpaid super to the ATO using the ATO's online report tool, through myGov, or by phone. The ATO can investigate, raise a super guarantee charge against the employer, and pass the money it collects to your fund. You do not need to pay anyone to recover unpaid super, and your employer must not punish you for raising it.
This guide is part of the super mistakes overview. It covers the employee side; it is general information, not legal advice.
Signs your super may be unpaid
- Your payslip shows super but nothing arrives in your fund over several pays.
- Contributions arrive irregularly, or in amounts that do not match 12% of your eligible earnings.
- Your payslip shows no super at all.
- Your employer is in financial difficulty, has delayed wages, or has changed payroll systems.
- You were treated as a contractor but work mostly for one business, paid for your time, using its equipment — you may be an employee for super purposes.
Step 1: check what your fund received
- Log in to your fund's app or website, or check myGov linked to the ATO.
- List each contribution with its date and amount.
- Compare with your payslips for the same period.
- Allow for processing time: a contribution may take several business days to appear after your employer pays.
Illustrative check: fortnightly ordinary earnings of $2,500. Expected super guarantee: $2,500 × 12% = $300 per pay. Over three months (about six or seven pays) you would expect roughly $1,800–$2,100 to arrive. If only $600 shows, four or five pays are missing.
Step 2: ask your employer
- Ask in writing (email is fine) which dates and fund the contributions were paid to.
- Attach or refer to the payslips concerned.
- Check that your employer has your correct fund details; a standard choice form fixes errors.
- Keep a copy of everything.
Many problems are administrative: wrong member number, old fund, a payroll error. Give your employer a reasonable chance to correct it. If contributions went to an old account you had forgotten, see finding lost and unclaimed super; if your fund mishandled a contribution it received, see complaints to your fund and AFCA. The timing rules are explained in payday super and the super guarantee.
Step 3: report to the ATO
If the problem continues, report unpaid super to the ATO:
- Online: the ATO's "report unpaid super" tool, available through ATO online services in myGov.
- By phone: 13 10 20.
You will be asked for your employer's details (business name, ABN if known), the period, and your payslips or other records. The ATO keeps your identity confidential as far as the law allows, but your employer may work out who reported.
What happens next:
- The ATO reviews and contacts the employer.
- If the employer owes super guarantee, the ATO raises a super guarantee charge, which includes the shortfall plus additional amounts such as interest and, under the payday super changes, other components designed to compensate employees and penalise late payment.
- Money the ATO recovers is paid to your fund.
- You can track the progress of your report in myGov.
The ATO's ability to recover money depends on the employer's circumstances. If an employer becomes insolvent, unpaid super may be pursued through the liquidation, and the Fair Entitlements Guarantee does not generally cover unpaid super.
Records to keep
| Record | Why |
|---|---|
| Payslips | Show super your employer said it would pay |
| Fund statements and app screenshots | Show what actually arrived |
| Employment contract or award | Shows any super above 12% and your employment status |
| Emails or messages with your employer | Show you raised the issue and when |
| Your standard choice form | Shows the fund you nominated |
Your rights at work
- Asking about or reporting unpaid super is a workplace right. Under the Fair Work Act, your employer must not take adverse action against you, such as reducing shifts, for doing so.
- The Fair Work Ombudsman deals with pay and workplace rights; the ATO deals with super guarantee.
- If you belong to a union, it can help raise the issue.
Contractors and super
If you are a genuine independent contractor running your own business, the business you contract with usually does not pay super for you, and you can make your own contributions. If you are paid mainly for your labour under a contract, you may be entitled to super guarantee even if called a contractor. The ATO's employee/contractor decision tool helps; ask the ATO if unsure.
Frequently asked questions
How far back can the ATO chase unpaid super?
The ATO can generally pursue super guarantee shortfalls for past periods; there is no short time limit for an employee reporting. Report as soon as you notice so records are easier to find.
Will reporting cost me anything?
No. Reporting to the ATO is free. Avoid any service that charges you a percentage to recover super.
My employer says they paid but my fund says nothing arrived. Who is right?
Ask your employer for the payment date, amount and the fund and member number used, then give that to your fund to trace. Misdirected contributions can usually be found.
Can my fund chase my employer for me?
Funds can sometimes help trace contributions, but enforcement of the super guarantee is the ATO's role.
Official sources
- ATO — unpaid super from your employer, report unpaid super, payday super, employee or contractor tool
- myGov — check contributions and track reports
- Fair Work Ombudsman — pay, payslips and workplace rights
- Moneysmart — what to do if super is late or missing
