From 1 November 2021, if you employ new staff and they don’t choose a super fund, you may need to request their existing super account (‘stapled super fund’) details from the Australian Taxation Office (“the ATO”).
A stapled super fund is an existing super account linked, or ‘stapled’, to an employee so it follows them as they change jobs.
When a new employee starts, you need to:
1. offer them a choice of a super fund if they’re eligible to choose;
2. request their stapled fund details from the ATO if they don’t choose a fund.
This includes employees who aren’t eligible to choose a fund, such as temporary residents and employees covered by an enterprise agreement or workplace determination made before 1 January 2021.
You then pay their super contributions into one of the following:
1. the super fund the employee chooses;
2. the stapled super fund the ATO have provided to you;
3. your default fund (or another that meets the ‘choice of fund’ rules) if you can’t pay into either of the above.
Before you can request an employee’s stapled fund details, you need to submit a Tax file number declaration or a Single Touch Payroll event to establish an employment relationship.
While monitoring the requests, the ATO have seen circumstances where employers are requesting stapled super fund details incorrectly. Ensure you only request details for a new employee who’s started on or after 1 November 2021.
For more information, go to the Australian Taxation Office website.
Feel free to contact us if you would like any further advice in this area.