Super Guarantee

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Payday super – exposure draft legislation now open for consultation

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Payday super – exposure draft legislation now open for consultation

In the 2023-24 Budget, the Government announced that the super guarantee framework will be reformed to align the payment of super guarantee contributions with an employee’s regular pay cycle, instead of the current quarterly requirements. 

The exposure draft legislation for the new ‘Payday Super’ rules has now been released, with consultation open until 11 April 2025.

The super guarantee charge, payable where employers fail to make contributions in full and on time, will be updated, including a new ‘administrative uplift’ component of up to 60% of the shortfall amount.

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Sladen Snippet - Key changes to super guarantee rates and thresholds from 1 July 2022

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Sladen Snippet - Key changes to super guarantee rates and thresholds from 1 July 2022

As discussed here, one of the key superannuation announcements in the May 2021 budget was the removal of the minimum $450 threshold for super guarantee purposes.

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Sladen snippet - music teacher found to be employee for super guarantee purposes

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Sladen snippet - music teacher found to be employee for super guarantee purposes

In the recent decision of Olias Pty Ltd as trustee for the Storer Family Trust and Commissioner of Taxation, the Administrative Appeals Tribunal (AAT) found that a “contract” music teacher fell within the ordinary definition of ‘employee’, and was therefore an employee for the purposes of the Superannuation Guarantee (Administration) Act 1992 (Cth) (SG Act).

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Sladen snippet – High Court refuses leave to appeal finding that dentist is covered by super guarantee

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Sladen snippet – High Court refuses leave to appeal finding that dentist is covered by super guarantee

As discussed here, the decision in Dental Corporation Pty Ltd v Moffet [2020] FCAFC 118 (16 June 2020) (Moffet) marked an important shift in how the courts have interpreted the employee/contractor distinction for the purposes of superannuation guarantee obligations.