If your employees are… |
Super Choice eligibility |
| Not covered by an award or agreement |
YES |
| Covered by a State award, also known as a 'notional agrreement preserving State awards' (NAPSA) |
YES – If an employee does not exercise Choice, the fund nominated in the NAPSA becomes the 'Default fund'. NO – If the employer is not a constitutional corporation (excluding unincorporated employers in Victoria and the Territories). |
| Covered by an industrial agreement registered by a State award (Preserved State Agreement) |
NO – contributions must be made to the fund stated in the agreement or the fund chosen by the employer in accordance with the agreement. But if an amount in excess of award is paid to a different fund, then Choice may apply for the contributions made in excess of award/ agreement. |
| Covered by State award (NAPSA) or an industrial agreement approved or registered under a State award, which does not specify a superannuation requirement |
YES |
| Covered by Federal award |
YES |
| Covered by Australian workplace agreement (AWA), certified agreement or Federal collective/workplace agreement under |
NO – contributions must be paid to the fund specified in the AWA/agreement (or to a fund chosen by the employer in accordance with the AWA/agreement i.e. if no fund is nominated). |
| Federal system which requires 9% contribution* in the relevant agreement |
NO – not for the level of contributions specified in the AWA/agreement. |
| Covered by AWA or other collective/workplace agreement under the Federal system which requires a contribution less than 9%* |
YES – the balance will have Choice. |
| Covered by AWA or other collective/workplace agreement under the Federal system that does not specify a superannuation requirement |
YES |
| Involved in certain defined benefit funds |
NO |
| Involved in certain public sector funds |
NO |
| Covered by certain agreements under the Victorian Employee Relations Act (1992) |
NO |
* Certain Australian workplace agreements (AWA), certified agreement or collective agreements may link employment terms back to the relevant Federal award. Should the AWA or collective agreement be silent on, or contain no relevant employer obligation in relation to superannuation, the relevant exemption from Super Choice cannot apply.
# A constitutional corporation is essentially a legal entity registered under the Corporations Act 2001 or established by an Act of Commonwealth, State or Territory Parliament. Any proprietary limited company (Pty Ltd) or a publicly listed company (Limited) is a corporation. Soles traders, partnerships and incorporated associations (such as sporting and service clubs) are not constitutional corporations.
If you are unsure what award or agreement, if any, your employees are covered under, visit workplaceauthority.gov.au or contact the relevant industry body.