Expanded Rights for Workers

Campaigning for public policy which delivers better outcomes for members has always been an important way we’ve supported members. We’ve long advocated for a legal avenue for all workers to recover unpaid super and for measures to prevent it in the first place.

In June 2023, parliament passed the Protecting Worker Entitlements Bill. We advocated for super to be added to the NES and were the only super fund to make a submission to the parliamentary enquiry considering The Bill.

The right to super is now a minimum entitlement for all employees, along with other entitlements like maximum weekly hours, annual leave and notice of termination. Casual workers only get some NES entitlements.

Employers already have an obligation to pay super for eligible employees under superannuation guarantee laws, but it can be difficult to recover unpaid super. This important change means that unpaid or underpaid super can be enforced under the Fair Work Act.

Under the superannuation guarantee, your employer generally must pay you super if you’re an employee or employee contractor and:

  • You’re aged 18 years or over, or
  • You’re under age 18 years and you work over 30 hours in a week, or
  • You’re a domestic/private worker and you work over 30 hours a week.

Your employer must generally contribute at least 11%† of your Ordinary Time Earnings to your super account.

Step 1: Check your super has been paid to your account – log on at cbussuper.com.au/login or via the Cbus Super app.
Step 2: Talk to your employer if there’s an issue. At Cbus, we require registered employers to make monthly contribution payments. Other employers may pay super quarterly. This could be the reason why your super hasn’t been paid.
Step 3: If you can’t sort it out with your employer, speak to your Union Delegate or your local Cbus Super Coordinator. Head to cbussuper.com.au/contact to find their details.
Step 4: The ATO can also help. Head to ato.gov.au/unpaidsuper for more information.

* From Super guarantee compliance snapshot 2022–23, Australian Taxation Office, www.ato.gov.au

† Effective 1 July 2023.

This information is about Cbus Super. It doesn’t account for your specific needs. Please consider your financial position, objectives and requirements before making financial decisions. Read the relevant Product Disclosure Statement (PDS) and Target Market Determination to decide if Cbus Super is right for you. Call 1300 361 784 or visit cbussuper.com.au. Past performance isn’t a reliable indicator of future performance. Insurance is issued under a group policy with our insurer TAL Life Limited ABN 70 050 109 450 AFSL 237848. United Super Pty Ltd ABN 46 006 261 623 AFSL 233792 as trustee for the Construction and Building Unions Superannuation Fund (Cbus and/or Cbus Super).

This article was publised on 28 March 2024.