How to meet your employer super obligations

Meeting super obligations helps ensure legal compliance, avoid penalties, support employees, and maintain trust.

10 super obligations to check off this financial year


The new financial year is a good time to check and confirm what you need to do to meet your employer super obligations. This not only helps ensure compliance and avoid unnecessary penalties or issues but helps foster engagement and the trust of your team, all the while enhancing their financial wellbeing and security.

Covered in this article:

  1. Review your default super fund arrangements
  2. Give your people the choice, and adhere to ‘stapling’
  3. Check you’re contributing super to the right people
  4. Be sure to contribute the right amount for different work situations
  5. Contribute on time or be charged
  6. Use a SuperStream service to make contributions
  7. Regularly audit your record keeping
  8. Claim your tax deduction
  9. Know what insurance your employees can access
  10. Enquire and meet with your fund regularly
     

1. Review your default super fund arrangements


A default super fund is a super fund you choose to make super contributions to, for employees who don’t have a fund ‘stapled’ to them or who don’t select their own fund.

So what are the requirements of a default super fund?

  • A default super fund is also known as an ‘employer-nominated’ fund.
  • It must be registered by the Australian Prudential Regulation Authority (APRA).
  • It needs to offer a MySuper product (cost-effective super product with a basic set of features).
  • It must provide appropriate and affordable insurance cover.
  • It must offer adequate member services (support, online access, education).
  • You must provide the default fund’s details on the ‘standard choice form’ that you provide to employees.

Read more about what features to look for in a default fund.

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Ensure personal email addresses are provided when setting up super accounts for your employees – default or not – so they can be contacted by their super fund if they ever leave your employment.

2. Give your people the choice, and adhere to ‘stapling’


Your employees – new or existing – are entitled to choose their own super fund, and you need to make sure they can easily access a standard choice form. Be sure to read more at the ATO website about offering employees a choice of super fund.

If your employees don’t choose a fund, your mandatory Superannuation Guarantee (SG) contributions need to go to their ‘stapled’ fund.

If your employees don’t have a stapled fund, your SG contributions need to go into an account you set up for them in your chosen default super fund.


‘Stapling’ and ‘stapled fund’


‘Stapling’ is a super reform aimed at simplifying super management. It helps avoid new super accounts being opened each time an employee starts a new job, in turn potentially reducing account fees, and encouraging member funds to be in one place to help enhance overall retirement savings growth.

A ‘stapled fund’ is an existing super account linked, or ‘stapled’ to an employee and follows them when they change jobs.

Visit the ATO website for more detail on stapled funds.

3. Check you’re contributing super to the right people


All full-time, part-time, and casual workers, aged 18 and over, regardless of how much they earn, are eligible for SG contributions. Any employees under 18 who work more than 30 hours a week are also entitled to super.

Certain exemptions to contributing SG apply, e.g. foreign executives and temporary residents.

Unsure? Try the ATO’s Super Guarantee eligibility tool.
 

4. Be sure to contribute the right amount for different work situations


You must contribute a percentage of your employees’ ordinary time earnings (OTE) into their super fund, and ensure you’re contributing the current SG rate for the financial year within which you’re making the contributions.

(It is worth being extra cautious when calculating the contribution amounts for employees with varied work hours and changing arrangements.)

  • OTE includes regular salary/wages, some allowances, commissions, bonuses, shift loadings, penalty rates, and leave payments.
  • OTE excludes overtime, expense reimbursement, and redundancy/termination payments. Read ATO information on OTE.

The minimum amount of SG per financial year is as follows:

  • FY 2023/2024 – 11%
  • FY 2024/2025 – 11.5%
  • FY 2025/2026 – 12%

However, you’ll need to contribute more if your employee(s) choose to sacrifice some of their salary into super.

It is also important to be aware of the maximum super (quarterly) contribution base, where you don’t need to pay SG on earnings above a certain limit.
 

5. Contribute on time or be charged


You need to make your employee SG contributions at least quarterly, however from 1 July 2026 it is anticipated you’re going to have to make them the same day as you pay your employees in line with the government’s Payday super announcement.

It's important you make your contributions to the correct super funds, and by the quarterly cut-off dates to avoid having to pay a Super Guarantee Charge.

The Super Guarantee Charge includes unpaid super plus interest, and an administration fee.
 

Quarterly SG cut off dates

Quarter Cut off
1 July – 30 September 28 October
1 October – 31 December 28 January
1 January – 31 March 28 April
1 April – 30 June 28 July
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Important: If the quarterly SG cut-off dates fall on a weekend or public holiday, the deadline shifts to the next business day. It’s important you check the specific dates each financial year to ensure compliance with SG contribution requirements.

6. Use a SuperStream service to make contributions


You need to make your SG contributions via a service that is compliant with SuperStream – a government system that standardises the way super contributions are paid.

This helps to improve efficiency, ideally reduce errors, streamline the process of contributing super, and ensure associated data are sent in a consistent and simplified electronic way.
 

7. Regularly audit your record-keeping


The new financial year could be a good time to make sure your record-keeping is in order. You need to keep accurate records for at least five years, to make sure you can show you’ve met your employer super obligations.
 

You may want to do this for several reasons:
 

  • Compliance – to make sure your super contributions are correctly calculated, paid on time, and in accordance to legislative requirements.
  • Accuracy – to help identify and rectify any discrepancies or errors in payroll and contribution records.
  • Trust – to demonstrate a commitment to accurate and timely contributions shows you value your employees’ financial wellbeing.
  • Avoid penalties – super compliance breaches can result in significant penalties and charges. Regular audits can help detect issues early and allow for corrections.
  • Prepare for external audits – being ready for potential audits by the ATO or other regulatory bodies can help prevent any business disruption.
  • Financial management – accurate super records mean you can be fully aware of your business’ financial obligations, and it can help you better manage cash flow.
     

What records to keep?
 

  • Contributions you’ve paid to every employee.
  • How the contributions have been calculated.
  • Proof you offered choice of fund.
  • Details of anyone who isn’t eligible for super and why.
  • Confirmation your chosen default fund offers a MySuper product.
  • Confirmation that your employees’ super funds are receiving contributions.

8. Claim your tax deduction


Did you know you can generally claim a 100% tax deduction1 for contributions you make to a complying super fund or retirement savings account for your employees and certain contractors?

To substantiate the deduction claim, you will need to ensure the contributions are made by 30 June to be deductible in that financial year, keep accurate record-keeping of payment dates, amounts, and recipient funds. In addition, the contributions can’t exceed the annual concessional contribution cap of $30,000 (financial year 2024/2025) per employee to avoid additional taxes.

Exemptions include contributions made to employees over 75, any made after the quarterly due date, and the Super Guarantee Charge if you’re late making SG contributions.
 

9. Know what insurance your employees can access


When your employees start working with you, and become a default super member, they may be eligible for automatic insurance cover.

The types of cover available to your employees will depend on your plan, but generally include death (including terminal illness), total and permanent disablement, and where available, income protection2.

If employees are eligible, automatic insurance cover starts once they reach age 25, and their super account balance reaches $6,000, with premiums then paid from their super.
 

10. Enquire and meet with your fund regularly


It’s important to make regular enquiries with your super fund on performance and other matters.

If you have more than 50 employees you can consider establishing a Policy Committee, noting Policy Committees have specific requirements relating to elections, nominations and governance.


6 policy committee meeting considerations:
 

  1. Talk with your super fund representative for guidance.
  2. Nominate a person in charge of the meeting – usually from the fund.
  3. Appoint employees to represent the membership.
  4. Appoint team members who will represent your business.
  5. Let your super fund know who the committee members are.
  6. Hold the meetings regularly – e.g. quarterly, half-yearly or annually.

Key takeaways:
 

  • Making sure you’re set up to meet your employer super obligations can help ensure compliance and avoid penalties. It can also build trust with your employees, support their financial security, and wellbeing.

  • Using a SuperStream compatible service to make contributions, conducting regular audits, holding policy committee meetings, streamlining processes and maintaining accurate records, can help make your super management more efficient and effective.

Features of a default super fund

Learn about all the different features when choosing a fund for your employees.

 


Read next:

What features to look for in a default fund

Assess the features and benefits available for you and your employees

Employer forms and documents

Forms and documents you need to manage super for your employees

Employer support and information

Support and information so you can manage your super obligations

Need more help? We’ve got you covered.

For employers

For employers

If you need help in managing your employer super obligations be sure to contact your Client Executive if you have one.

Or else you can call us on 1800 682 525 (option 4) Monday to Friday, 8am-7pm (AEST/AEDT).

 

Disclaimer: This material has been prepared by Mercer Superannuation (Australia) Limited (MSAL) ABN 79 004 717 533, Australian Financial Services Licence (AFSL) #235906 (RSE#L0000819). MSAL is the trustee of the Mercer Super Trust ABN 19 905 422 981. MSAL is a wholly owned subsidiary of Mercer Australia Pty Limited (Mercer). 'Mercer' is a registered trademark of Mercer Australia Pty Ltd ABN 32 005 315 917.

Any advice contained in this material is of a general nature only, and does not take into account the objectives, financial situation or personal needs of any particular individual.

Prior to acting on any information contained in this material, you need to consider the appropriateness of the advice taking into account your own objectives, financial situation and needs, consider the Product Disclosure Statement (PDS) Product Guide, Insurance Booklet(s), and Financial Services Guide for any product you are considering, and seek professional advice from a licensed, or appropriately authorised financial adviser if you are unsure of what action to take. The product Target Market Determination can be found at mercersuper.com.au/tmd.

Past performance is not a reliable indicator of future performance.

The information in this material is based on information received in good faith from sources within the market and on our understanding of legislation and government press releases at the date of publication which we believe to be reliable and accurate. Neither Mercer nor any of its related parties accepts any responsibility for any inaccuracy.

1 Please note that any information in this material regarding legal, accounting or tax outcomes does not constitute legal advice or an accounting or tax opinion and prior to relying and acting on this information it is important that you seek independent advice from a qualified lawyer or accountant regarding this information.

2 With Mercer Super, automatic insurance cover is provided to members subject to meeting eligibility criteria. The type and amount of cover provided, cost of cover, and cover expiry ages may vary depending on the Plan. Insurance arrangements, including if the employer pays for any or all of the premiums for members, may be impacted should employees change employment. For full details refer to the Plan’s relevant ‘Insurance Booklet(s)’, ‘How Your Super Works’, and ‘Product Disclosure Statement’ documents found at mercersuper.com.au/pds.