Choice of fund

Which employees are eligible?

Employers must offer choice of super fund to any employees:

• paid under a Federal award,
• whose contributions are not specified under any particular award or agreement, or
• who are not employed under any state award or industrial agreement (including contractors who are regarded as eligible employees for super).

Employers are not required to offer choice of super fund to employees if you are already paying super contributions for them under, or in accordance with:

• a state award* or industrial agreement, or
• a federal industrial agreement such as:
  - an AWA,
  - a collective agreement,
  - a pre-reform Certified Agreement (CA), or
  - a preserved state agreement (unless Choice is provided under the agreement).

If your employees are covered by a state award or other industrial agreement, which gives specific instructions as to how employees' superannuation needs are met, you do not have to provide choice of super fund.

However, if the award or agreement simply refers to SG legislation without mentioning a specific fund, employers must comply with Choice of super fund.

You may need professional advice, particularly in relation to awards.

Find out whether an award applies to your employees:

1. Check with your employer organisation,
2. Refer to the Australian Government Workplace Authority website at www.workplaceauthority.gov.au/or
3. Phone the workplace relations department in your state or territory.

*Except WA State awards (where Choice exists) and certain Victorian State agreements where powers were referred to the Commonwealth.