The figures come as no surprise to Pauline Devin and Angela Noack, who were underpaid around $5,000 and $3,000 respectively in super while working at a Brisbane dental clinic two years ago. The oral health therapists filed separate complaints with the Australian Taxation Office (ATO) early last year, and the regulator found in their favour in April. But 18 months later, neither has received any money or further information from the ATO.
"All I ever used to get was, 'No, we can't give you any information because it's an invasion of privacy'," Ms Devin said. Ms Noack said she had concluded she probably would never get her super paid, adding that the ATO did not "seem to be really going in to bat" for her.
The ATO declined an interview request but said in a statement it was "serious about ensuring employers comply with their super obligations" and dedicates significant resources to education, audits and debt recovery. It also said "tax secrecy and privacy laws limit what the ATO can disclose to employees".
Industry Fund Services, a private firm that recovers unpaid super on behalf of three super funds, takes a more proactive approach. Its executive manager of super recoveries, Natalie Lister, said the firm uses digital communications and phone calls to engage employers, with only about 10 per cent of cases escalated to legal threats. The firm uses data from its fund clients to contact employers before employees need to flag discrepancies.
On July 1 this year, the ATO introduced payday super, requiring employers to pay super at the same time as wages. Super Members Council chief executive Misha Schubert called the reform a "game-changer" but said it needed to be "backed in action by the tax office taking more proactive action". She noted that on average, only 15 per cent of unpaid super is recovered, a figure backed by a 2022 Australian National Audit Office report.
Ms Devin and Ms Noack called for more transparency and tougher penalties. Ms Schubert said the federal government should extend the Fair Entitlements Guarantee to cover unpaid super when employers are insolvent. A government spokesperson said the scheme's recovery program had been strengthened since July 2024 to allow liquidators to pursue unpaid super in eligible insolvencies.