As part of the broader framework of the JobKeeper scheme (discussed here) established by the Coronavirus Economic Response Package (Payments and Benefits) Rules 2020, the Superannuation Guarantee (Administration) Amendment (Jobkeeper Payment) Regulations 2020 (Amending Regulations) have now been made.

Regulation  12 of the Superannuation Guarantee (Administration) Regulations 2018 provides that for the purposes of calculating an employer’s individual superannuation guarantee shortfall for an employee for a quarter, under the Superannuation Guarantee (Administration) Act 1992, certain salary or wages are excluded. These include, for example, salary or wages paid to an employee for a period of parental leave.

The Amending Regulations insert a new regulation 12A to provide that the following JobKeeper payments are excluded salary or wages:

• All of the Jobkeeper payments to stood down employees (ie persons who only receive Jobkeeper payments);

• Where an employee remains employed but the Jobkeeper payment exceeds their usual salary or wage, that excess amount (ie super guarantee is paid on their normal salary but not on the amount paid exceeding their normal salary).

The Amending Regulations commence on 3 June 2020, however, they apply in relation to JobKeeper fortnights beginning on or after 30 March 2020, being the commencement of the JobKeeper scheme.  

To discuss further or for more information please contact:

Phil Broderick
Principal
T +61 3 9611 0163  l M +61 419 512 801   
E  pbroderick@sladen.com.au   

Philippa Briglia
Senior Associate
T +61 3 9611 0173
E pbriglia@sladen.com.au