# Boss hasn't paid super in over 12 months...



## josh_in_a_box (30 August 2007)

Atm im working part-time while im in uni, and my employer hasnt paid super in over a year! compound interest adds up!

what can i do?


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## Flying Fish (30 August 2007)

depends what you are studying


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## numbercruncher (30 August 2007)

Have you questioned your employer already ?


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## daggs (30 August 2007)

Hi josh.

I had the same problem at a pearl farm I worked at a coupla years ago.
I contacted Department of employer and workplace relations and they advised me they would pursue the matter for me.
I put a letter in writing to my employer stating I would pursue the matter with this department if the money wasn't paid immediatly. He paid.
I spoke to my boss when I gave him the letter and explained that he really wasn't leaving me any choice but to take action.
I did miss out on the interest I would have earned but I decided not to chase him for that. 

I hope this helps, good luck.


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## Flying Fish (30 August 2007)

If its a little bit of money then I guess you lose.


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## 123enen (30 August 2007)

Josh.

Pretty sure that what he is doing is actually illegal.
Might have serious cash flow problems. I suggest you ring workplace and superannuation authorities urgently!!!


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## tech/a (30 August 2007)

Josh.
If your under a certain amount of earnings he's not liable.
Not sure the amount but think its around $290/week.
I'll check with my in house accountant tommorow if not answered before.


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## Bomba (30 August 2007)

amongst other criteria you need to be earning $450 per month to be entitled to SGC


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## 123enen (30 August 2007)

http://www.ato.gov.au/super/content...007/043/009/001&mnu=1887&mfp=001/007&st=&cy=1


Superannuation guarantee - a guide for employers 

Who is eligible for the superannuation guarantee?
Generally, employees aged between 18 and 70, who are paid $450 (before tax) or more in a calendar month are covered by the superannuation guarantee legislation, whether they work full-time, part-time or on a casual basis.

Employers should pay superannuation contributions on behalf of all eligible employees, except those listed in the section, Who is not eligible for the superannuation guarantee.
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 Who is not eligible for the superannuation guarantee? 

There are some employees who are exempt under the superannuation guarantee legislation. You do not have to pay superannuation contributions for the types of employees below.

Employees paid less than $450 (before tax) in a calendar month. Although you must still provide superannuation support for any month in which the employee is paid $450 or more. 
Employees under 18 years of age working 30 hours or less per week. 
Non-resident employees paid for work done outside Australia. 
Resident employees paid by non-resident employers for work done outside Australia. 
Some foreign executives who hold certain visas or entry permits under the migration regulations (for more information, phone 13 10 20). 
Employees paid to do work of a domestic or private nature for not more than 30 hours a week. For example, a part-time nanny or housekeeper. 
Employees who receive payments under the Community Development Employment Program. 
Members of the Army, Navy or Air Force Reserve (the armed forces are not required to provide superannuation contributions for reserve members). 
Employees who have elected not to receive superannuation guarantee support because their accumulated superannuation benefits are more than the pension reasonable benefit limit. 
Employees temporarily working in Australia for an overseas employer and who are covered by a bilateral superannuation agreement (a Certificate of coverage must be presented in order to receive the exemption.
--------------------------------------------------------------------------------------------------

http://www.ato.gov.au/super/content...007/043/009/001&mnu=1887&mfp=001/007&st=&cy=1


Superannuation guarantee - a guide for employers 



What does the superannuation guarantee mean for employers? 
Under the superannuation guarantee, you have to pay superannuation contributions to the correct superannuation fund, by the cut-off dates, for all your eligible employees. 

You may also be required to offer a choice of superannuation fund to your eligible employees.

The superannuation guarantee is administered on a self-assessing basis. There are laws requiring you to meet your superannuation obligations, and it is your responsibility as an employer to ensure arrangements you have in place for your employees satisfy the government’s superannuation guarantee requirements. 

The minimum you have to contribute to a complying superannuation fund or retirement savings account is 9% of an eligible employee’s earnings base. Your contributions need to be paid at least every quarter (that is, every three months


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## insider (30 August 2007)

josh_in_a_box said:


> Atm im working part-time while im in uni, and my employer hasnt paid super in over a year! compound interest adds up!
> 
> what can i do?




Question your boss and tell him that your accountant asked you if you had been because it looks like you haven't... Power in numbers


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## BIG BWACULL (30 August 2007)

Thanks to 123enen for the link It helped me work out were i stand as a Contractor re Super 
Now Josh outta: the box check this link which has been revised from 123enen and see if you fit into any of these Categories CHEERS

*Who is not eligible for the superannuation guarantee?*
http://www.ato.gov.au/super/content.asp?doc=/content/19818.htm&page=13&H13=&pc=001/007/043/009/001&mnu=1887&mfp=001/007&st=&cy=1


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## josh_in_a_box (31 August 2007)

Thanks very much for all your help! I have confronted him multiple times last yr, took me 2days and alot of arguing just to get the super into the right account.  but nowadays he basiclly just ignores me... which is always a good sign.  my mangers contacted the ATO but because hes not an australian citizen they dun seem to care.

time to look for a new job I think


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## adobee (31 August 2007)

Contact 131 628  Office of industrial relations report him, and ask that they investigate.. They guy is obviously a prick and probably not paying other employees too. It is not fair and leaves employees almost embarressed to have to ask for there money, for young kids this is wrong. Who tries to make money by ripping of there staff.. Loosers thats who..


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## Flying Fish (31 August 2007)

adobee said:


> Contact 131 628  Office of industrial relations report him, and ask that they investigate.. They guy is obviously a prick and probably not paying other employees too. It is not fair and leaves employees almost embarressed to have to ask for there money, for young kids this is wrong. Who tries to make money by ripping of there staff.. Loosers thats who..




It might be the company is in trouble financially, or it could be a genuine mistake. I think this line of action is a bit radical. Approach the bookkeeper or account and ask what is happening. Then if no result take further action.


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## happytown (31 August 2007)

josh in,

similar experience a couple of years ago,

my successful resolution:

employers are (as at several years ago) legally obliged to pay superannuation contributions, bearing in mind the ATO exemptions as above;

employers are (as at several years ago) legally obliged to ensure that the contributions are paid by the end of the financial year in question;

if they fail to do so, the ATO (as at several years ago) will endavour to ensure the legal obligation is duly met;

there is a specific ATO form (something like 'claim for unpaid superannuation') available at ATO offices for exactly this situation;

fill it out, with your details, the employers details and let the ATO snail take care of the rest - which they did in my case satisfactorily, albeit at their pace, but with no further input required from me.

as a plus the employer then becomes a 'flagged entity' as far as the ATO is concerned.

cheers


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## Flying Fish (31 August 2007)

happytown said:


> josh in,
> 
> similar experience a couple of years ago,
> 
> ...




Yes that is good and proper, but what if it is a genuine mistake??? Computers do it. For gods sake before your burn your boss, do some research and find out.


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## happytown (31 August 2007)

Flying Fish said:


> ... but what if it is a genuine mistake???
> 
> ... For gods sake before your burn your boss, do some research and find out.




Flying fish,

I invite you to go back and read josh in's posts for the context

cheers


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## Flying Fish (31 August 2007)

OOps sorry. My mistake. I was just saying that sometimes legit mistakes occur. If this is the case , this person needs to be burnt at the stake. I hope you get all your super plus more !!


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## josh_in_a_box (31 August 2007)

thanx very much for all your help

Im gonna give ATO a visit and give industrial relations a call on monday, hopefully get this sortted out.

-Josh


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## finnsk (31 August 2007)

happytown said:


> employers are (as at several years ago) legally obliged to ensure that the contributions are paid by the end of the financial year in question;



Employers are now required to pay super contributions every 3 months


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## Nicks (31 August 2007)

Josh and Happy

Same thing happened to me.

I worked in Sydney for 6 months on a contract and they said they paid my Super into a certain fund. It was about $3.5k. When I rang the fund they said that I didnt have any account or funds with them.

Back in Adelaide and emailing the employer (this was in 2001-2002) the emails stopped being answered.

Logged it with the ATO and yes they did take care of it, got the money just a couple of months ago! It took 5 years of chasing and investigations!! My god how can they be so slow to investigate and get the money. So much for the Government stressing how important Super is. 5 Years it took.

As a plus though, Happy is right, the employer is flagged and they will go through and make sure that they paid Super for all staff, not just you.

I say lodge a complaint with the ATO no matter how much money it is (its anonymous by the way, they wont know its you whom dobbed them in, the ATO will just do a 'random' check on their staff super payments). Its the principle and its your money and retirement savings. 

Some of these buggers will rip workers off if they can. And please, dont vote for John Howard or the Liberal party. AWAs are very dangerous as is not having unfair dismissal laws, and while we have low unemployment (not as a result of the Givt though, as a result of the macro economic environment) AWAs will not burn too many, but when unemployment is higher and the labor supply and demand shifts in their favour - look out. People like Josh will be dismissed just for something like standing up for his rights as he can easily be replaced. This society should look after its own, not just the elite. I dont know what work you do Josh but all workers keep society provided.


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## insider (31 August 2007)

Contact Today Tonight... The Headline will be "Could This Be Australia's Worst Employer"


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## Flying Fish (31 August 2007)

insider said:


> Contact Today Tonight... The Headline will be "Could This Be Australia's Worst Employer"




Um that is not a good idea.


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## josh_in_a_box (1 September 2007)

lol i must say...contacting today tonight about my situation won't do me much good for my future career


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