General information only — not legal advice. First speak with your employer, then if unsuccessful contact Fair Work or an employment lawyer.
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Underpaid Super in Hospitality — What Can I Do?

Last updated: March 2026 · MA000009

You can recover unpaid super — and the ATO will help you do it. Superannuation underpayment in hospitality is widespread, particularly for casual workers, cash-paid workers, and workers earning lower amounts who previously fell below the old $450/month threshold. Since November 2022 that threshold has been abolished — all hospitality workers are entitled to super regardless of earnings.

If you're a hospitality worker and you've never verified your super contributions — this applies to you.

The rule

From 1 November 2022, all employees — including casual workers — are entitled to superannuation regardless of their earnings. The current rate (from 1 July 2025) is 12% of ordinary time earnings, paid quarterly at minimum.

Super must be paid on top of wages — it cannot be included in your hourly rate as a substitute for the actual super contribution.

How to check your super

Step 1: Log in to your super fund — most have apps or online portals showing incoming contributions.

Step 2: Check that contributions appear at least quarterly (28 October, 28 January, 28 April, 28 July).

Step 3: Check the amount — it should be approximately 12% of your gross ordinary time earnings for the relevant period.

Step 4: Compare your payslip super figure with what actually appeared in your fund. They don't always match.

If contributions are missing, Check your pay and super →

Common super underpayments in hospitality

$450 threshold still being applied despite 2022 change

Many small hospitality employers haven't updated their systems. Low-earning casual workers continue to receive no super.

Super on payslip but not actually remitted

The payslip shows a super line but the money never reaches the fund. Always verify with the fund directly.

Wrong rate applied

The current super rate is 12%. Employers paying anything less are underpaying your super.

What this costs you

Super at 12% on $632.00/week in earnings = $75.84/week owed. If super hasn't been paid at all: $75.84 × 52 = ~$3,943.68/year in retirement savings not accumulating. Over 3 years: ~$11,831.04 — plus lost investment returns on that balance. The compounding effect over a working lifetime is substantial.

What to do

  • Log in to your super fund and check contributions
  • If missing or incorrect, contact the ATO on 13 10 20 — they pursue unpaid super directly from employers
  • You can also raise it with the Fair Work Ombudsman as part of a broader underpayment complaint

Frequently asked questions

My employer says I'm not entitled to super because I'm casual — is that right?

No — and that claim is wrong. Since November 2022, all casual employees are entitled to super regardless of earnings.

How far back can I recover unpaid super?

The ATO can pursue unpaid super going back approximately 5 years. Act sooner rather than later.

My payslip shows super contributions but nothing has appeared in my fund in months — what should I do?

Contact the ATO immediately. This is a serious breach — it means your employer is withholding super they've deducted from your entitlements.

Don't guess — check your pay and your super fund.

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General information only. For super queries, contact the ATO on 13 10 20. Verify at fairwork.gov.au.