Sponsored Sponsored

Unpaid super is wage theft. From July, the excuses run out

By | | comments |

As an accountant, I spend a lot of time looking at the gap between what a business owes its people and what actually reaches them.

The most stubborn gap isn't wages. It's superannuation. The ATO estimates more than $6 billion in super went unpaid in a single recent year, money workers had earned and never received.

We made wage theft a criminal offence in January 2025. Yet unpaid super has long been treated as an administrative slip rather than what the Treasurer himself now calls it: a form of wage theft. From 1 July 2026, that framing finally gets some teeth. Payday super won't end every dodgy practice overnight, but it's the most significant structural fix to this problem in a generation.

Super isn't a perk — it's deferred wages

Start with what super actually is. It isn't a bonus your employer hands over out of goodwill. It's part of your earnings, set aside for later. Compulsory super began on 1 July 1992 at just 3% of wages and has climbed to 12% from July 2025. The whole point was to make sure ordinary Australians retired with something of their own.

So why has it been paid only quarterly, when wages are paid weekly or fortnightly? Here's my read of it. In 1992, the machinery for frequent super simply didn't exist. Payroll was manual, often paper-based. There was no electronic clearing network for super contributions and nothing like the digital reporting we have now. Batching super into quarterly lumps was a sensible compromise for the technology of the day.

That compromise has long outlived its excuse. SuperStream gave us an electronic standard for super payments a decade ago and Single Touch Payroll now reports wage and super data to the ATO every pay run. Around 40% of employers already pay super more often than quarterly. The plumbing caught up years ago. The law is only now following.

Super was never a gift from your employer. It's your wages, just paid later.

How billions go missing

The quarterly system created a long blind spot and a lot falls into it. The Super Members Council found that 3.3 million Australians were underpaid $5.7 billion in super in 2022–23 alone, an average of about $1,730 each. Over the five years to 2023, the shortfall came to $24.4 billion.

It doesn't land evenly. Unpaid super hits younger workers, casuals, lower-income earners and tradies hardest and women more than men. These are exactly the people least able to absorb the loss.

The causes are mixed. Some employers never intend to pay. Far more are honest but cash-stretched, and the gap between earning the super and paying it becomes a tempting, interest-free line of credit. Either way, the employee usually can't tell for months, because the money only shows up in their fund a quarter later, if at all.

What actually changes on 1 July 2026

From that date, employers must pay super at the same time as wages, with contributions generally reaching the fund within seven business days. The quarterly model ends. Just as importantly, the ATO will match Single Touch Payroll data against what funds actually receive, so a missing payment shows up in near real time rather than months down the track.

One point worth clearing up, because it confuses people: the 12% rate isn't changing. This is about when super is paid, not how much. Same entitlement, paid sooner.

And sooner matters more than most people realise. Even if your employer never misses a cent, getting super into your fund earlier means it's invested earlier and compounds for longer. The Super Members Council estimates a typical worker could retire about $9,400 better off from the timing change alone and workers in the lowest 20% of earners could be up to $36,000 ahead. Recovering super that would otherwise have gone unpaid is bigger again: the Treasurer cited a typical 35-year-old being more than $30,000 better off in retirement.

The timing alone can mean thousands more at retirement, even if your employer never missed a payment.

Most employers aren't villains

It would be easy to read all this as a story about bad bosses. It mostly isn't. The Treasurer made the same point when the laws were passed: most employers do the right thing and a disreputable minority exploit the gaps. The bigger challenge is the large number of well-meaning small businesses with tight cash flow and patchy payroll systems.

For those businesses, payday super raises the bar. Super now has to be funded every pay run, which demands clean payroll data, realistic cash-flow planning and books that are actually up to date. The ATO's free Small Business Superannuation Clearing House is also closing, so affected employers need a compliant alternative in place before July.

This is the unglamorous work that decides whether a business sails through the change or scrambles. It's also where a commercially-minded bookkeeper or advisor earns their keep, keeping an employer both compliant and cash-flow-ready rather than caught short on payday. For employers who want to get ahead of it, I've written a plain-English guide to the payday super changes.

Clean books aren't a nice-to-have under payday super. They're how you stay out of trouble.

The bottom line

Payday super won't catch every deliberate offender on its own. But it ends the structural opacity that lets billions quietly disappear and it puts workers' money to work sooner. The principle underneath it is simple and overdue: pay super when you pay wages, because it is wages.

Ben Feng is the Founder and Director of Hopkan Partners, a Sydney-based bookkeeping and business advisory firm serving small businesses across Australia.

 
Recent articles by Ben Feng
Unpaid super is wage theft. From July, the excuses run out

As an accountant, I spend a lot of time looking at the gap between what a business ...  
Join the conversation
comments powered by Disqus

Support Fearless Journalism

If you got something from this article, please consider making a one-off donation to support fearless journalism.

Single Donation

$

Support IAIndependent Australia

Subscribe to IA and investigate Australia today.

Close Subscribe Donate