Right to super to be enshrined in National Employment Standards
The Government has announced it will enshrine a right to superannuation payments in the National Employment Standards (NES), allowing workers to directly pursue super owed to them.
The Government has announced that it will enshrine a right to superannuation payments in the National Employment Standards (NES).
Currently, workers not covered by a modern award or an enterprise agreement containing a term requiring an employer to make superannuation contributions have to rely on the ATO to recover their lost superannuation entitlements.
By bringing the right to superannuation into the NES, workers will have the right to directly pursue superannuation owed to them. Employers may also face civil penalties if they do not comply with the entitlement.
Penalties of up to $82,500 per breach apply to companies that are found to have contravened the NES.
The ATO's most recent estimate of unpaid superannuation indicates that workers lost $3.4 billion in unpaid super in 2019-20.
- Super right to be enshrined in National Employment Standards
- Workers can directly pursue unpaid super without relying on ATO
- Penalties of up to $82,500 per breach for non-compliant employers
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