Author: EthanATO(Community Support)Community Support 4 Feb 2023
Hi @Chelseab,
I would definitely recommend having a chat with your employer to see what's going on with your super. It may be that they've made a mistake, but if they owe you super it needs to be addressed. They're required to pay it correctly and on time to avoid penalties. I'll provide some answers to your questions below with links to our website if you need them when discussing this. Once you’ve had a chat if anything is still unclear feel free to respond and we’ll see what we can do to help out.
As you're over 18 they should be paying you super no matter how many hours you work in a week. If you're receiving a payment that is considered ordinary time earnings (OTE) then super should be paid on it. We have a page that lists payments that are OTE, which should help you confirm if super is payable or not. If they're required to pay super on the earnings the amount should be a minimum of 10.5%, which is known as the super guarantee rate. Our page on when you need to pay super goes through all of this. That page is worded more towards employers, but it should still tell you when you're entitled to super.
As for your back pay, this attracts super if the payment is for hours that are considered OTE too. You can find this information on our website too under super and back pay.
If you believe you should be entitled to super and your employer refuses to correct it, I'd recommend taking a look at our page on unpaid super. There's a checklist of things to go through, but it'll help you submit an unpaid super enquiry with us if needed. We'll then look into it on our end to ensure your employer complies with their obligations.
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