8Compulsory employer superannuation contributions

8 Compulsory employer superannuation contributions

8 Compulsory employer superannuation contributions

(1) An employer must make, for each employee (other than an excluded employee), a superannuation contribution equivalent to the salary contribution percentage for the employee for each financial year, or part, for which the employee is an employee.

(2) The salary contribution percentage for a person, in relation to a financial year referred to in Column 1 in the table to this subsection, is the percentage of the salary or wages of the person specified in Column 2 for that financial year.

| Column 1Year | Column 2Percentage | | Year starting on 1 July 2013 | 9.25 | | Year starting on 1 July 2014 | 9.5 | | Year starting on 1 July 2015 | 10 | | Year starting on 1 July 2016 | 10.5 | | Year starting on 1 July 2017 | 11 | | Year starting on 1 July 2018 | 11.5 | | Year starting on or after 1 July 2019 | 12 |

(2A) The regulations may prescribe a period or a percentage to replace, or in addition to, any period or percentage in the table to subsection (2) to reflect any changes to the superannuation guarantee charge percentage prescribed by section 19 (2) of the relevant Commonwealth legislation.

(2B) When a period or percentage is prescribed under subsection (2A), it applies for the purposes of subsection (2) in place of the period or percentage that it replaces or (if additional) as if it formed part of the table to that subsection.

(3) An employer is not required to make a contribution in respect of an employee if, in order to be consistent with any relevant Commonwealth superannuation standard, a superannuation fund must not accept contributions in respect of the employee.

(4) Nothing in this section prevents an employer from making superannuation contributions in addition to those required by this section in respect of employees.

(5) Subsection (1) does not apply in relation to—

(a) an employee to whom an employer pays a total salary or wages in any month, including any amount payable under subsection (6), that is less than the amount prescribed by section 27 (2) of the relevant Commonwealth legislation, or

(b) an employee to whom section 27 (1) (a) of the relevant Commonwealth legislation applies,

in relation to employment of a kind prescribed by the regulations.

(6) Where subsection (1) does not apply, the employer must pay to the employee an amount equivalent to the superannuation contribution that would have been payable but for the operation of subsection (5).