Now lawWork & Super Introduced in the House of Representatives, 09 Oct 2025

Bosses pay a charge when super misses payday

This short law sets the tax behind Payday Super. Since 1 July 2026, bosses who are late with super on any payday owe a charge for that payday.

Official name: Superannuation Guarantee Charge Amendment Bill 2025

The short version

Who it affects

$5.2 billion in unpaid super

Super is money saved for when you stop working. Bosses must pay a share of your wages into your super fund. This is called the super guarantee. It is 12 per cent of your normal pay.

Under the old rules, bosses only had to pay it every three months. Some never paid it at all.

The government says about $5.2 billion in super went unpaid in 2021-22. Workers often did not find out until much later.

In the 2023-24 Budget, the government's yearly plan for tax and spending, the government announced Payday Super. Bosses must now pay super at the same time as wages. That could be weekly, fortnightly or monthly.

The Assistant Treasurer, Daniel Mulino, brought in the laws. He is a junior minister who helps run the economy.

Why there are two bills

Payday Super is made of two bills. The main one is the Treasury Laws Amendment (Payday Superannuation) Bill 2025.

It changes the main super guarantee law and 21 other laws. It sets the new deadlines and how the gap is worked out. It also sets the fines.

This bill is the Superannuation Guarantee Charge Amendment Bill 2025. The Constitution is Australia's founding rule book. It says a law that sets a tax must deal only with that tax.

The late-super charge is a tax. So the change to the charge itself goes in a bill of its own.

What this bill does

The charge comes from the Superannuation Guarantee Charge Act 1992. It used to apply to a gap in super for each three-month period.

This bill changes it. Now the charge applies to a gap for each payday. That is the day the boss pays your wages.

So the tax now matches the new payday timing. Say your boss pays you on a Friday. The super for that pay must reach your fund within about 7 working days. If it does not, the boss has a gap for that payday and owes the charge.

Say you earn $2,000 a fortnight. Your boss must get $240 in super into your fund within about 7 working days of each payday. If they skip it, the charge for that payday kicks in.

Working out the charge

The main bill sets how much the charge is. It includes the unpaid super itself.

It adds interest that builds up each day. This makes up for the growth you missed out on.

It also adds an extra amount of up to 60 per cent. This can be cut if the boss owns up early.

A boss who pays late, and tells the tax office first, can cut what they owe. The tax office passes the charge on to the worker's super fund.

If the charge is still unpaid after a warning letter, a further fine of 25 per cent applies. For repeat cases it is 50 per cent.

Start date

The bill was brought in on 9 October 2025. The House of Representatives, the larger house of Parliament, passed it on 30 October 2025. The Senate, the second house of Parliament, passed it on 4 November 2025.

The Governor-General, the King's stand-in, signed it into law on 6 November 2025. It became Act No. 58 of 2025.

It started on 1 July 2026. It covers paydays on or after that date.

The tax office says it will focus on the riskiest bosses in the first 12 months. This gives businesses time to update their systems.

How they voted

VoteResult
Vote on a change
House of Representatives, 30 October 2025
Labor 87 no, Liberal 17 aye, LNP 10 aye, Nationals 10 aye, Independent 8 aye, 2 no, Centre Alliance 1 no, Greens 1 no
Noes won 91 to 45
Vote on a change
Senate, 4 November 2025
Labor 21 no, Greens 10 aye, Independent 3 aye, Australia's Voice 1 aye, Liberal 1 no, LNP 1 no, United Australia 1 no
Noes won 24 to 14

Its journey through Parliament

09 Oct 2025House of Representatives: Introduced and read a first time
09 Oct 2025House of Representatives: Second reading moved
28 Oct 2025House of Representatives: Second reading debate
29 Oct 2025House of Representatives: Second reading debate
30 Oct 2025House of Representatives: Second reading debate
30 Oct 2025House of Representatives: Second reading agreed to
30 Oct 2025House of Representatives: Third reading agreed to
03 Nov 2025Senate: Introduced and read a first time
03 Nov 2025Senate: Second reading moved
03 Nov 2025Senate: Second reading debate
03 Nov 2025Senate: Second reading agreed to
03 Nov 2025Senate: Committee of the Whole debate
04 Nov 2025Senate: Committee of the Whole debate
04 Nov 2025Senate: Third reading agreed to
04 Nov 2025: Finally passed both Houses
06 Nov 2025: Assent Act no : 58 Year : 2025

Official sources

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