Superannuation to be Added to National Employment Standards

Published November 2023

Under the new Protecting Worker Entitlement laws, we will see the right to superannuation added into the National Employment Standards (NES) from 1 January 2024.

What's Changing?

While this change should not impact the way employers currently pay super or process payroll, it does mean that:

  • The entitlement to superannuation will be covered by the existing superannuation guarantee laws (which are overseen by the ATO) as well the Fair Work Act 2009;
  • Employees will have an enforceable workplace right to superannuation;
  • Unpaid and/or underpaid superannuation contributions will be able to be enforced under the Fair Work Act 2009 by employees, employee organisations and the Fair Work Ombudsman, in court (rather than only in the small claims court);
  • The ATO will continue to have primary responsibility for ensuring employer compliance with superannuation laws;
  • The Fair Work Ombudsman will be able to refer matters to the ATO, and play a complementary role in pursuing unpaid entitlements, in appropriate circumstances.
But I'm Already Paying Super?

Rest assured that where an employer is already meeting its obligations (in summary, that is where your employees are already being paid the correct superannuation entitlements within the timeframes stipulated by the ATO), there would be no contravention under the new NES provisions.

Updated Fair Work Info Statement

As this change introduces a new entitlement within the National Employment Standards, an updated Fair Work Information Statement will be available closer to 1 January 2024.

We strongly encourage all employers to avoid printing copies of Fair Work Info Statements to provide to future employees (as they are regularly updated), and instead, access them here as you need them.

Steps For Employers

There are two key things employers should be actioning to ensure compliance:

  1. Pay all employees their appropriate superannuation entitlements within the required timeframes; and
  2. Issue the updated Fair Work Info Statement to all new employees before, or as soon as possible after, they start their new job.

For more information about the changes, you can view updates on the Fair Work Ombudsman website here, and the DEWR Factsheet here.

As always, feel free to contact the team at Edwards HR should you require support.

For more guidance about this update, or to find out how Edwards HR can support your business, contact our team today on 07 3568 0866.

Feel free to share this update with others in your network.

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