Payday Super (Not Part of This Year’s Federal Budget)
In 2023 it was announced that from 1 July 2026, employers will be required to pay their employees’ superannuation at the same time as their salaries and wages. (For related coverage, see the following issues of GMS Flash Alert: 2024-115 (17 May 2024) and 2023-098 (12 May 2023).) Currently, compliance with mandatory superannuation contribution requirements is assessed on a quarterly basis.
This section is referenced from KPMG Australia’s recent TaxNow article titled “Initial Impressions of the draft payday super legislation.”5
On 14 March 2025, four superannuation draft bills and draft regulations were announced. Two of the exposure draft bills released by the Treasury relate to the implementation of the government’s payday super policy commitment for superannuation guarantee (SG) contributions to be paid at the same time as an employee’s salary or wages.
The stated aim of the draft legislation is to address the issue of unpaid SG and secure dignified retirement outcomes for working Australians. Under the draft legislation and regulations released for consultation, payday super’s proposed start date remains 1 July 2026, as announced in the 2023-24 Budget.
When SG Will Be Contributable
Under the proposed legislation, SG contributions will need to be received by the employee’s superannuation fund (and therefore able to be allocated to the employees account) within seven days of the employee being paid. This represents a fundamental change to the existing regime, whereby SG contributions need to be received by the employee’s superannuation fund by the 28th of the month following the end of each quarter.
Qualifying Earnings
The draft legislation introduces a new term, ‘qualifying earnings.’ Qualifying earnings are the amount of earnings an employee is paid on which mandatory employer SG amounts are calculated.
Despite the new term, the proposed legislation does not materially change the substance of the provisions that define the scope of ordinary time earnings (‘OTE’).
Maximum Contribution Base
The Maximum Contribution Base (‘MCB’) will continue to act as a ceiling on the maximum amount of the contributions payable by an employer, for an employee. However, in a fundamental change from the current legislation, under the proposed changes, the MCB will apply on an annual rather than the current quarterly basis.