Australian workers lose more than $4.7 billion a year in unpaid super — and the ATO rarely penalises employers
June 30 2025
ABC News.
More than 80 per cent — several billion dollars annually — of unpaid superannuation goes unrecovered, and the authority in charge rarely penalises employers who do not pay it.
Richard Aichinger says his son hasn't been paid superannuation for more than 12 months, despite reporting it to the Australian Taxation Office (ATO) at the start of the year.
The 19-year-old, who is a second-year electrical apprentice, has approached his boss on numerous occasions, but hasn't received any clarity.
"They just keep getting the answer that, 'Yeah, they'll be paying it soon'," his father says.
Mr Aichinger, from New South Wales, says his son hasn't heard anything since he reported the issue to the ATO back in February.
"He's very annoyed about it," he says.
"But being young and straight out of school, it's something he shouldn't have to confront and he probably feels a bit intimidated about even reporting it to the ATO — he's a little bit concerned about job security."
Super lifts to 12pc tomorrow
From July 1, the "superannuation guarantee" rate will increase from 11.5 per cent to 12 per cent.
That means an amount equivalent to 12 per cent of your ordinary earnings should be paid into your super fund by your employer.
You can check if that's happening through the government's myGov service or directly through your super fund.
Australia's retirement saving system is mandatory, and the funds controlled by the sector are set to surpass the UK and Canada within the next five to seven years to become the second-largest pool of retirement savings in the world, despite our small population.
But that's only if the money gets there.
ATO rarely penalises firms that underpay super
Misha Schubert, from the super funds' peak body the Super Members Council, says the ATO hasn't been tough enough on dodgy employers.
"The ATO needs to be a strong cop on the beat and really lift the bar on its compliance and recovery efforts, to ensure that Australian workers are getting paid the super they are legally owed," she says.
The ATO recovered just 17 per cent of the $4.7 billion in unpaid super for 2020-21, the most recent available figures.
"Every week in Australia, $100 million that is owed to workers in super does not make it into their super accounts," Ms Schubert adds.
Misha Schubert 2025
The Super Members Council's Misha Schubert says most businesses do the right thing, but too many don't.
A 2024 report by the council calculates that 2.8 million people are failing to receive their full super entitlements each financial year, with the average underpayment per affected worker being $1,810.
Australians missing out on super payments
New analysis released by the super industry has found one in four workers is missing out on compulsory superannuation payments, with women and those in lower-paid jobs worst hit.
"The size and scale of that challenge is shocking, and there needs to be further uplift in the proactive efforts to recover that money for workers," Ms Schubert says.
In 2020-21, the ATO issued 9,594 penalties for unpaid super. But only 4,124 (43 per cent) of them required the business to pay a penalty above remediation of the unpaid amount.
That means for most businesses caught doing the wrong thing, the amount they paid was simply the money they should have paid workers before they got caught.
A question at Senate Estimates revealed fewer than 1 per cent of those businesses copped the maximum 200 per cent penalty.
In a statement, an ATO spokesperson said the issue is important.
"The ATO takes non-compliance with superannuation seriously. We have a focused review and audit program into the non-payment of super guarantee to protect workers and their retirement savings," the spokesperson said.
In its most recent data, the ATO says it received around 28,100 referrals about unpaid super from employees, and that 23,600 of those were finalised. This resulted in $659 million in super being paid, and $300 million in penalties.
The figures don't say how much most employees got back, or what percentage of employers paid a penalty for their failings.
The statement adds that 167,000 employers received reminders or "prompts" to pay unpaid super, and that raised $240 million.
Those missing out say it's tough to get action
On June 6, Mr Aichinger sent an email to his local federal MP, Emma McBride, and also to Amanda Rishworth, the minister for employment and workplace relations, outlining the issues with his son's superannuation.
Within a week he got a call from the ATO.
"She acknowledged my son had done the complaint online, she said several other employees from the same business had also, and then I quizzed her about, 'Well, why isn't there any feedback or anyone responding back to my son?' Mr Aichinger said.