LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW Superannuation and Wages - Direct Employers to Australian Super?

Discussion in 'Superannuation Law Forum' started by Mohammed, 10 May 2016.

  1. Mohammed

    Mohammed Member

    Joined:
    10 May 2016
    Messages:
    1
    Likes Received:
    0
    Hi,
    I am working for an Indian Company. I arrived in Australia in July 2011. I got my permanent residency in 2013. Till now I was getting my Superannuation but recently there was a bilateral social security agreement signed between India and Australia.

    Under this, my employer has announced that they will pay a contribution to only Indian Super and not Australian Super.

    Australian super is 9.5% of my Australian wages. So I will be losing a significant amount. Is there a way for employees like me to direct our employers to contribute to Australian Super instead of Indian Super?

    Request forum members to help.
     
  2. Smiley

    Smiley Well-Known Member

    Joined:
    1 April 2015
    Messages:
    29
    Likes Received:
    5
    Does your company have an Australian Workplace Agreement (AWA)? If yes, you may want to review this as the AWA may provide information as per where your superannuation should be paid.

    I have not heard of such a bilateral agreement between India and Australia, however, there have been many changes in superannuation lately.

    Relevant to your comment, I am aware of some large (very large) corporations in Australia that are actually based overseas but operate in Australia and have Australian employees, and due to the way they have configured their business, are not required to pay any superannuation.

    I would suggest:

    1. Ask your employer to put in writing the reason why they do not need to pay superannuation.

    2. If you are not satisfied with their response, contact the Australian Taxation Office (ATO). If you do this, provide the ATO as much information as you can about your Indian company so they can investigate and possibly make contact with your employer. You can ask the ATO to keep your details anonymous if you do not want your employer to find out it was you who requested the ATO to check.
     

Share This Page

Loading...