Since 1 July 1992, under the Superannuation Guarantee (Administration) Act 1992 (Superannuation Act) there has been a requirement for employers to pay superannuation contributions on behalf of all employees, unless an exemption under the Superannuation Act applies.

On 22 June 2023, the Australian Government passed the Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023. The legislation introduces changes to the Fair Work Act 2009 (Cth) (FW Act), including from 1 January 2024, an employee’s right to superannuation contributions will be included in the National Employment Standards (NES). This means that unpaid or underpaid superannuation will be able enforceable under the FW Act.

Despite these upcoming changes, following 1 January 2024 superannuation will continue to operate in very much the same way and the ATO will continue to have the main responsibility for ensuring compliance with employer obligations under superannuation guarantee laws.

If eligible, the superannuation guarantee will continue applies to all types of employees including:

  • Full-time employees;
  • Part-time employees; and
  • Casual employees.

Under the superannuation guarantee, employers of the above, will have to pay superannuation contributions of 11% of an employee’s ordinary time earnings (OTE) when an employee is:

  • Over 18 years, or
  • Under 18 years, but works over 30 hours a week.

Certain modern award can apply a superannuation rate of more than the minimum rate (currently 11%), and if this is the case, an employer will be required to pay the higher rate to any relevant employees. We confirm that the superannuation rates that will apply for the  Real Estate Industry Award 2020 and the Clerks – (Private Sector) Award 2020, are as follows:

Date Range:Superannuation (% of OTE)
1 July 2023 - 30 June 202411.00%
1 July 2024 - 30 June 202511.50%
1 July 2025 - 30 June 202612.00%

Written By Michael Franzone – Associate – Workplace Relations

CCIWA, Business Law WA and REEFWA has taken all reasonable care in preparing this document. The contents of this document do not constitute legal advice and should not be relied upon as such. Specific advice for your situation should be sought from CCIWA, Business Law WA or a professional adviser before any action is taken. Neither REEFWA, CCIWA nor Business Law WA accept responsibility for any claim that arises from any person acting or refraining from acting on the information contained in this document.

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