Superannuation Obligations for Bandleaders with Rotating Musicians

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26 Aug 2025

Hi everyone,

I’m hoping to get some clarity around the new superannuation requirements for musicians, particularly in situations where a bandleader manages an act that isn’t set up as a formal business or partnership.

Here’s my situation:

I run a 5-piece band with around 10 rotating musicians. At any given gig, 5 will play, and the line-up changes depending on availability.
I handle all the bookings and invoice venues under my ABN.
For example, a venue pays $1,250 + GST per gig. I split that evenly between the 5 players ($250 each).
We are not a company or a partnership — just sole traders working together.

The challenge is that some venues are now saying:

The agreed band fee already includes superannuation, so they will not pay an extra 12% on top.
As the contracting party, I am personally responsible for all super payments — not just my own, but also those of the musicians I pay from the gig fee.

This creates several problems:

Unfunded liability: I would need to pay super for everyone out of a fixed fee, with no additional money provided by the venue.
Equity issues: Super contributions should follow each individual performer. Instead, venues sometimes propose paying the super into my account only, which isn’t fair or workable.
Practical barriers: With rotating line-ups, setting up a formal partnership or company isn’t practical. I’m simply managing the logistics of the band, not running a business in the traditional sense.

While I absolutely support the principle of musicians being paid super, the way these rules are being applied seems to place an unreasonable burden on bandleaders.

My questions are:

Shouldn’t venues be paying 12% on top of the agreed fee, rather than saying it’s “included” in the fee?
In a rotating band situation, how can super be fairly managed without forcing the bandleader to absorb the liability?
Is there any official guidance from the ATO that addresses this very common type of arrangement in the music industry?

Any advice or clarification would be hugely appreciated — I know a lot of other musicians are grappling with the same questions.

Thanks,

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