Super choice rules will change from the 1st of November 2021

From the 1st of November 2021 if you have a new employee who does not choose a super fund you may need to request their ‘stapled super fund’ details from The Australian Taxation Office.

What you need to Know

You may need to submit a request for ‘stapled super fund’ details if the following apply:

  • The new employee starts on or after 1st November 2021
  • Super Guarantee payments need to be made for that employee
  • The employee is eligible to choose a super fund but does not.

You may need to request stapled super fund details from some employees even though you do not need to offer them a choice of super fund.  This includes if your employees are temporary residents or they are cover by a Workplace Agreement of Workplace determination made before 1st January 2021.

You and your representatives can request stapled super fund details for your employees if you have full access to Online services for business. You need to review and update these accesses to protect the privacy and safety of your employees’ personal information.

You must meet your choice of super fund requirements and any stapled super fund obligations by the quarterly due date or you may face penalties.

What you need to do from 1 November 2021

Offer your eligible employees a choice of SuperFund

You need to give your eligible new employees a Super standard choice form and pay their super into the account they tell you on the form. Most employees are eligible to choose what fund their super goes into.

Request Stapled super fund details

If your employee doesn’t choose a super fund, you may need to log into The ATO Online services and go to ‘Employee Super Accounts’ to request their stapled super fund details. Your agent or other tax professional can do this for you.

If The ATO provide a stapled super fund result for your employee, you must pay your employee’s super using the stapled super fund details provided by The ATO.

Pay super in to default fund

You can pay into a default fund, or another fund that meets the choice of fund obligations if:

  • your employee doesn’t choose a super fund, and
  • The ATO have advised you that they don’t have a stapled super fund
For further information or assistance in understanding the changes please call 02 4228 4877 or email

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