Superannuation (Super Guarantee) in Victoria
Reviewed by the Commoner Law Editorial Team. 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?
Superannuation (super) is money your employer must pay into a retirement fund for you, on top of your wages. Under the Superannuation Guarantee (SG), employers must contribute at least 12% of your ordinary time earnings (since 1 July 2025) into your nominated super fund.
Key rules about super:
- There is no minimum earnings threshold — all employees are entitled to SG contributions regardless of how much they earn (since 1 July 2022).
- Super must be paid at least every quarter, by the 28th day of the month after the quarter ends.
- If your employer doesn't pay on time, they owe the Superannuation Guarantee Charge (SGC), which includes the unpaid super plus interest and an administration fee.
- You can choose your own super fund in most cases (called choice of fund).
Your employer must also pay super for most casual, part-time, and temporary employees, including those on working visas.
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 Victoria differs from federal law
Superannuation for Victorian workers is governed by Commonwealth law. Victorian Government employees have access to specific state schemes through Vision Super and the Emergency Services Superannuation Scheme (ESSSuper).
- Vision Super is the default super fund for most Victorian local government employees and some state government workers. It offers both accumulation (defined contribution) and defined-benefit products.
- ESSSuper administers superannuation for Victoria's emergency services workers — including police, firefighters, and ambulance officers. It provides defined-benefit plans reflecting the demanding nature of emergency services work.
- The State Superannuation Fund (closed to new members) provides defined-benefit pensions to longer-serving Victorian public servants who joined before the fund closed.
- For private-sector workers in Victoria, the standard Commonwealth super guarantee rules apply (currently 11.5% of ordinary time earnings). If you do not choose a fund, your employer must contribute to your stapled fund or the default fund under the applicable award.
Additional Steps in Victoria
Check your super balance through myGov linked to the ATO. Report unpaid super to the ATO (ato.gov.au). Victorian Government employees contact Vision Super (visionsuper.com.au) or ESSSuper (esssuper.com.au) as applicable.
Relevant Law: Superannuation Guarantee (Administration) Act 1992 (Cth); Emergency Services Superannuation Act 1986 (Vic); State Superannuation Act 1988 (Vic); Local Authorities Superannuation Act 1988 (Vic)
Common Questions
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.