Unpaid superannuation - ATO not doing enough or quickly enough

This talk about long service leave is drifting off course somewhat.

Now being an employee, and never an employer, my understanding is that the employer has to do three things in regard to employee pay.

  1. Pay the employee an amount of gross pay minus PAYG tax.
  2. Send the ATO the tax taken out as PAYG.
  3. Send the Super Guarantee amount, currently 10% of gross salary to the employee’s fund. And if they don’t, the SGC will apply payable to the ATO.

Seems for some companies, the third task seems optional, and the ATO seems to let the companies weasel out of paying SGC as well, if they can claim any sort of reason for the delay.
If the ATO treated the payment of 3. with same vigour as they do 2. then employees would be better off if they happened to work for a dodgy company.

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