JobKeeper - employer should pay compulsory super?

Discussion in 'Legal Issues' started by money, 20th Feb, 2021.

Join Australia's most dynamic and respected property investment community
Tags:
  1. money

    money Well-Known Member

    Joined:
    25th Aug, 2017
    Posts:
    249
    Location:
    Planet Mars
    Should an employee (having only one job) be receiving compulsory super from their employer during the time they are only getting paid JobKeeper? The employee is not working, just receiving JobKeeper payments. They are also a casual employee even though they have been working every single weekend for the past 10 years, but their pay varies depending on the hours they work.

    I believe that they are required to do so. Their employer hasn't been paying super since JobKeeper started. Before JobKeeper they were paying super.
     
    Last edited: 20th Feb, 2021
    twisted strategies likes this.
  2. Trainee

    Trainee Well-Known Member

    Joined:
    24th May, 2017
    Posts:
    10,256
    Location:
    Australia
    What's the law on this?
     
    twisted strategies likes this.
  3. twisted strategies

    twisted strategies Well-Known Member

    Joined:
    1st Jul, 2015
    Posts:
    1,461
    Location:
    QLD
    what an interesting question

    this could have big flow-on effects beyond the employer and employee

    given Job-Keeper was a temporary solution , was official regulation made and guidance given
     
  4. Firefly99

    Firefly99 Well-Known Member

    Joined:
    24th Jul, 2020
    Posts:
    1,727
    Location:
    Qld
    Super is not required to be paid for jobkeeper payments where the employee is not working. It is required for any hours that the employee works.

    Your ‘belief’ that is should be paid is not the legal ground.
     
    Last edited: 20th Feb, 2021
  5. Firefly99

    Firefly99 Well-Known Member

    Joined:
    24th Jul, 2020
    Posts:
    1,727
    Location:
    Qld
    See ATO message on this.
     

    Attached Files:

    twisted strategies likes this.
  6. twisted strategies

    twisted strategies Well-Known Member

    Joined:
    1st Jul, 2015
    Posts:
    1,461
    Location:
    QLD
    thanks

    i hold several companies that run super funds or provide services for such companies

    cheers !!!
     
  7. Foxdan

    Foxdan Well-Known Member

    Joined:
    22nd Jun, 2015
    Posts:
    457
    Location:
    Hills district, sydney
    A sense of entitlement is one of the biggest issues with employees in Australia.

    They don’t have to work, get jobkeeper to stay at home and they want to know why the employer isn’t paying their super?

    As a business owner, employees sense of entitlement is baffling sometimes. You get paid for doing work, in this case - they get paid to not attend work. But still they expect the business to pay 9.5% into their super?

    no wonder they send jobs overseas.
     
  8. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    23,319
    Location:
    Sydney
    Jobkeeper is a subsidy earned by a employer. Nothing to do with a employee as such. What is the employee being paid? If not ordinary time earnings perhaps super isnt eligible.
     
    twisted strategies likes this.