SUPERANNUATION

Ask Paul: My boss hasn't paid my super for 10 months

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Nick hasn't seen a cent of his super in 10 months, and the business is struggling. If the company goes bust, does his super vanish too?

Reader question

Dear Paul,

Ask Paul My boss hasn't paid my super for 10 months

I am working for a Perth, WA-based engineering company that is not paying our superannuation to employee funds.

This has been going on for a good 10 months from all past and present employee reports (along with other business financial struggles).

What happens if they close up/go bust? Then that super is not paid to us, is it? The government doesn't step in and cover this, does it?

And the ATO obviously isn't doing enough ensuring companies are compliant. I do wonder how in this day and age they're getting away with it from the ATO? - Nick

Paul's response

This is not good news, Nick. Not paying compulsory super, plus other business struggles is alarming.

They are required to pay your super at least quarterly and as of July 1 this year, employers must pay super at the same time as an employee's wages.

You have probably done this, but you should talk to your employer about resolving this issue. I suspect this will be unsuccessful, so it should be reported to the ATO via their online tool 'Report unpaid super contributions from my employer'. You will need your tax file number and your company's ABN.

I understand that many employees do not want to do this, fearing ATO action may hasten the company going into liquidation.

But in my experience, companies on the edge, who will not discuss how to resolve key issues such as super, are heading downhill.

The amount of super they owe you will only increase. If they fail, your super entitlements will be prioritised by the liquidator, but all too often employees do not get their entitlements.

In your shoes, I'd talk to the company about resolving late super payments. If this is unsatisfactory, report it to the ATO.

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Paul Clitheroe AM is Money's founder and editorial adviser. He is one of Australia's leading financial voices, responsible for bringing financial insight to Australians through personal finance books, the Money TV show, and this publication, which he established in 1999. Paul is the chair of Ecstra, an independent charitable foundation building financial wellbeing of Australians. He is chairman of InvestSMART Financial Services, and was chair of the Australian Government Financial Literacy Board and Financial Literacy Australia from 2004 to 2019. He is the chair of Financial Literacy at Macquarie University where he is also a Professor with the School of Business and Economics. Ask Paul your money question. Unfortunately Paul cannot respond to questions posted in the comments section. View our disclaimer.
Comments
Jeff Bailey
April 30, 2026 8.26am

Been there Reported to ATO they do nothing apart from request payment from business. super payments get added to company debt when they eventually go into liquidation. Liquidator bleeds the company dry of all assets and keeps telling you they will get the unpaid super but nothing comes.

In my case super payments included salary sacrifice amounts (wage theft) the Business owner repays secured creditors BANK AND ATO suppliers and employees get nothing.