New South Wales Superannuation (Super Guarantee) Laws (2026)
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Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Super is the Australian retirement system most other countries don't have — money your employer must pay into a retirement fund for you, on top of your wages. Under the Superannuation Guarantee (SG), the employer's mandatory contribution sits at 12% of your ordinary time earnings from 1 July 2025, the end of a long phased increase from 9%.
The rules to know:
- No minimum earnings threshold — every employee is entitled to SG contributions regardless of how little they earn (the old $450/month threshold was abolished in July 2022).
- Super must be paid at least quarterly, by the 28th of the month after each quarter ends.
- Late or unpaid? The employer owes the Superannuation Guarantee Charge (SGC) — the unpaid super plus interest and an administration fee, all non-deductible.
- You usually have choice of fund — your fund, not your employer's pick.
Super applies to most casual, part-time, and temporary employees, including those on working visas. The visa-worker carve-out that used to exist no longer does.
When does it apply?
- You are an employee (full-time, part-time, or casual) aged 18 or over, or under 18 and working more than 30 hours per week.
- This applies regardless of whether you are a temporary resident, permanent resident, or citizen.
- Independent contractors are generally not covered, unless they are paid mainly for their labour (not a result or product).
What to Do If Your Australian Employer Is Not Paying Your Superannuation
- Check your super is being paid by logging into your super fund's online portal or the ATO's myGov account.
- Give your employer a Standard Choice Form to nominate your preferred super fund.
- If super is not being paid, talk to your employer first — it may be an administrative error.
- If the problem continues, report unpaid super to the ATO online or by calling 13 10 20. Reports can be made anonymously.
What should you NOT do?
- Don't ignore unpaid super — compound interest means even small missed payments cost you significantly over time.
- Don't agree to have super included in your hourly rate unless your contract explicitly states the rate is "inclusive of super" — otherwise, super must be paid on top.
- Don't assume you're not eligible because you're casual, part-time, or on a visa. Almost all employees are covered.
How New South Wales differs from federal law
Superannuation is governed by Commonwealth law — the Superannuation Guarantee (Administration) Act 1992 requires employers to contribute a percentage of ordinary time earnings (currently 11.5%) to an employee's super fund. In NSW, the State Super schemes apply to NSW Government employees.
- NSW Government employees are covered by State Super (administered by Mercer on behalf of the SAS Trustee Corporation). The main schemes are the First State Super (now Aware Super) and the older defined-benefit schemes (State Authorities Superannuation Scheme, State Superannuation Scheme) which are closed to new members.
- NSW police officers have a dedicated scheme — the Police Superannuation Scheme — which provides defined benefits reflecting the nature of policing work.
- For private-sector workers in NSW, the choice-of-fund rules under Commonwealth law apply. If you do not choose a fund, your employer must pay into a stapled super fund (a fund linked to you from a previous job) or a default fund nominated in the applicable award.
- The Australian Taxation Office (ATO) is the regulator for super guarantee compliance. Employers who fail to pay the correct amount by the deadline face the Superannuation Guarantee Charge (SGC), which includes the shortfall, interest, and an administration fee.
Additional Steps in New South Wales
Check your super balance through myGov linked to the ATO. Report unpaid super to the ATO (ato.gov.au) using the Unpaid Super Inquiry form. NSW Government employees contact Aware Super (aware.com.au) or State Super (statesuper.nsw.gov.au).
Relevant Law: Superannuation Guarantee (Administration) Act 1992 (Cth); Superannuation Act 1916 (NSW); State Authorities Superannuation Act 1987 (NSW); First State Superannuation Act 1992 (NSW)
Common Questions
What is the superannuation (super guarantee) right in Australia?
Super is the Australian retirement system most other countries don't have — money your employer must pay into a retirement fund for you, on top of your wages. Under the Superannuation Guarantee (SG), the employer's mandatory contribution sits at 12% of your ordinary time earnings from 1 July 2025, the end of a long phased increase from 9%.The rules to know:No minimum earnings threshold — every employee is entitled to SG contributions regardless of how little they earn (the old $450/month threshold was abolished in July 2022).Super must be paid at least quarterly, by the 28th of the month after...
When does superannuation (super guarantee) apply?
You are an employee (full-time, part-time, or casual) aged 18 or over, or under 18 and working more than 30 hours per week.This applies regardless of whether you are a temporary resident, permanent resident, or citizen.Independent contractors are generally not covered, unless they are paid mainly for their labour (not a result or product).
What should I do if my employer in Australia is not paying my superannuation contributions?
Check your super is being paid by logging into your super fund's online portal or the ATO's myGov account.Give your employer a Standard Choice Form to nominate your preferred super fund.If super is not being paid, talk to your employer first — it may be an administrative error.If the problem continues, report unpaid super to the ATO online or by calling 13 10 20. Reports can be made anonymously.
What mistakes should I avoid with superannuation (super guarantee)?
Don't ignore unpaid super — compound interest means even small missed payments cost you significantly over time.Don't agree to have super included in your hourly rate unless your contract explicitly states the rate is "inclusive of super" — otherwise, super must be paid on top.Don't assume you're not eligible because you're casual, part-time, or on a visa. Almost all employees are covered.
Superannuation (Super Guarantee) in other states
Same topic, different jurisdiction. Pick the one that applies to you.