Fair Work has updated the National Employment Standards (NES).
FairWork says: From 1 January 2024, the National Employment Standards (NES) includes a right to superannuation contributions. This means that unpaid or underpaid superannuation can be enforced under the Fair Work Act by more employees (as well as by an employee organisation or us).
Employers already have an obligation to pay superannuation contributions for eligible employees under superannuation guarantee laws. There would be no contravention of the NES provision where an employer has met their obligations under these laws.
The Australian Taxation Office (ATO) continues to have the main responsibility for ensuring compliance with employer obligations under superannuation guarantee laws.
We (the Fair Work Ombudsman) can continue to make referrals involving unpaid superannuation to the ATO.
Make sure you provide new employees with the current version of the National Employment Standards as part of your onboarding process.
Ask us for help if you have no idea about an employee onboarding process – we can help keep you compliant!
National Employment Standards can be found here: https://www.fairwork.gov.au/employment-conditions/national-employment-standards
