Onboarding new starters
Since 1 November 2021, there are some changes to how you onboard new employees, when it comes to paying their super. If you have eligible new employees start and they don't choose your default or nominated super fund, or elect another fund entirely, you may have an extra step to take to comply with regulations by requesting their ‘stapled super fund’ details from the Australian Taxation Office (ATO).
What is a stapled super fund?
A stapled fund is linked, or ‘stapled’ to a person, so their super will follow them when they change jobs. The Government has introduced this to stop the creation of unnecessary and duplicate super accounts, which may lead to employees paying multiple fees or insurance premiums and likely reduce their retirement savings.
You must provide any new eligible employees with an ATO Superannuation Standard Choice form (PDF) so they can choose which super fund you need to pay their super contributions to.
If they don’t make a choice, you’ll need to check with the ATO to see if they have a ‘stapled super fund’ for you to pay their super contributions into. If they do, you must pay their super to this fund.
If your employee does not make a choice and the ATO advises that they don’t have a stapled super fund, you can pay their super contribution into your default super fund.
Did you know? Once an employee tells you their choice of super fund, you have two months to start paying contributions into that fund.
For details on how to request a stapled super fund, visit the ATO website. You’ll need your employee’s details including their Tax File Number, full name and date of birth.
Tell us quickly of new starters
It’s important to tell us quickly of any new starters. For example, a new employee might be eligible to have insurance cover added to their Mine Super account when you send us a super contribution for them.
Mine Super provides automatic insurance cover and new members will automatically be invested in the default Lifecycle Investment Strategy according to the person's age, so it’s important you provide us with your employee's correct date of birth. This ensures they receive the correct insurance cover and premium rates and they're invested according to their age.
If your employee provides you with their TFN you must pass it on to us with the next super contribution or within 14 days, whichever is the later. If you don’t pass on your employee’s TFN:
they may pay an extra 32% tax on their before-tax contributions;
we can’t accept their after-tax contributions, so they may miss out on government co-contributions if they’re eligible; and
you, the employer, may face fines from the ATO.
Paying super
Employers need to make Super Guarantee contributions for eligible employees regardless of how much the employee is paid.
Generally, employees are entitled to super contributions equivalent to 11.5% of their Ordinary Time Earnings (OTE). OTE is not simply ‘gross’ or ‘net’ wage, but includes an employee’s total earnings for ordinary hours of work plus over-award payments, shift loading, bonuses, certain paid leave and commission.
If your employee works in the black coal mining industry, you’ll need to pay their super contributions within 21 days after the end of the month in which their pay period ended.
Other industries must observe the relevant awards and Super Guarantee obligations set out by the ATO. The quarterly cut-off dates for payments are:
| Quarter | Period | Payment cut-off date |
| 1 | 1 July - 30 September | 28 October |
| 2 | 1 October - 31 December | 28 January |
| 3 | 1 January - 31 March | 28 April |
| 4 | 1 April - 30 June | 28 July |
You must record your employees’ Reportable Employer Superannuation Contributions (RESC) and report this information to the ATO.
The government uses RESC to work out a person’s eligibility for a range of government benefits, including Family Tax Benefit and to calculate child support and Medicare levy obligations.
Promptly advise us of any former employees
This can affect a member’s insurance premiums or access to funds in their superannuation account.
Be careful not to give advice
Financial services law prohibits unlicensed persons from giving any advice that takes into account an individual's objectives, financial situation or specific needs.
You can give employees factual information such as:
provide employees with our Mine Super factsheets
explain how superannuation works;
provide factual tax information on superannuation;
explain your company's default super fund, including providing a Product Disclosure Statement (PDS) issued by the fund.
You can’t make a recommendation or give an opinion that may influence a person's decision about a financial product unless you’re licensed to do so.
Trust deed and legislation
Below you’ll find our Mine Super Trust Deed and some relevant superannuation legislation for the mining industry:
Read our Trust Deed (PDF)
Superannuation Industry Supervision Act 1993
Superannuation Guarantee (Administration) Act 1992
Superannuation Data and Payment Standards 2012
(NSW Consolidated Act) Coal and Oil Shale Mine Workers' Superannuation Act 1941
WA Coal Industry Superannuation Act and Regulation