Awards have been updated to reflect superannuation as an entitlement under the National Employment Standards (NES).
What’s changed
The Fair Work Commission (the Commission) has updated the rules about superannuation in 147 awards. The Commission is the national workplace relations tribunal.
The Commission made these updates to make sure that awards reflect the current superannuation rules. This includes the new right to superannuation contributions included in the NES, which took effect from 1 January 2024.
The Commission’s updates take effect from 9 April 2024.
While most awards were updated by the Commission, some weren’t for several reasons. For a copy of the Determinations updating the awards, visit Modern awards superannuation clauses review.
Right to superannuation in the NES
From 1 January 2024, the NES included a right to superannuation contributions. This means that most employees covered by the NES can take court action under the Fair Work Act to recover unpaid or underpaid superannuation. Learn more at Superannuation under the National Employment Standards.
Employers already have an obligation to pay superannuation contributions for eligible employees under superannuation guarantee laws.
The Australian Taxation Office (ATO) has main responsibility for ensuring compliance with employer obligations under superannuation guarantee laws.
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