Australia Fair Work Act 2009 (Cth)
Part 2-2 Divisions 8 to 10A: Community service leave, long service leave, public holidays, superannuation – Australia Fair Work Act 2009 (Cth)

Australia Fair Work Act 2009 (Cth) s116B: s 116B Make superannuation contributions to avoid superannuation guarantee charge (from 1 July 2026)

An employer makes contributions to a superannuation fund for each employee's benefit so as to avoid liability for superannuation guarantee charge, making unpaid superannuation an NES contravention recoverable under the Act; the obligation is reduced where the employer has paid the charge through the ATO for a benefiting employee (s 116C), a court will usually direct compensation for unpaid contributions into the fund (s 116E), and a Fair Work claim is barred while the Commissioner of Taxation is recovering the same shortfall (s 116D). Added by the Treasury Laws Amendment (Payday Superannuation) Act 2025 from 1 July 2026, alongside payday superannuation timing under the tax laws.

Maintained by Gerard Blokdyk

Other controls in Part 2-2 Divisions 8 to 10A: Community service leave, long service leave, public holidays, superannuation – Australia Fair Work Act 2009 (Cth)

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