Payday Super and contractors: key issues for employers
Client AlertPayday Super and contractors: key issues, payment timing risks and SG obligations for employers.
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The regulations sit alongside the Treasury Laws Amendment (Payday Superannuation) Act 2025 and clarify how key elements of the new framework will operate in practice.
A central feature of the regulations is the redesigned superannuation guarantee charge (SGC), including the introduction of a scalable administrative uplift. This marks a significant shift from the current flat administration fee and increases the need for payroll accuracy, strong controls and timely remediation.
The Payday Super regulations support the legislative framework enacted in 2025 and provide additional technical detail ahead of commencement on 1 July 2026. They are intended to reduce administrative friction, incentivise employer compliance and streamline the processing of superannuation contributions.
While the regulations address a range of technical matters, the administrative uplift is one of the most consequential changes for employers given its direct impact on cost and compliance behaviour.
From 1 July 2026, the current $20 per employee per quarter administration component of the SGC will be replaced by an administrative uplift calculated as a percentage of the SG shortfall.
The regulations confirm that:
This significantly increases the financial consequences of late SG payments where issues are not identified and addressed early.
The table below shows how the administrative uplift is applied, starting from the default position and then reducing based on an employer’s compliance history and the timing of any voluntary disclosure.
| Scenario | Administrative uplift outcome |
|---|---|
|
Base position – SG shortfall identified |
60% uplift applies |
|
No SGC assessment initiated in the previous 24 months |
Eligible for reduction to 40% |
|
SGC assessment initiated in the previous 24 months |
No reduction for compliance history |
|
Voluntary disclosure lodged within 30 days of |
Reduction of 40 percentage points |
|
Voluntary disclosure lodged 31–60 days after the QE day |
Reduction of 35 percentage points |
|
Voluntary disclosure lodged 61–120 days after the QE day |
Reduction of 30 percentage points |
|
Voluntary disclosure lodged after 120 days |
Reduction of 15 percentage points |
|
No voluntary disclosure |
No reduction – uplift remains at 60% |
As highlighted in our earlier alert, concerns were raised during consultation that the transition from quarterly SG payments to Payday Super could result in unintended concessional contributions cap breaches, particularly in the first year where contribution timing is brought forward.
In announcing the regulations, the Government confirmed its intention to introduce technical amendments to ensure individuals do not exceed their concessional contributions cap in 2026–27 solely as a result of the transition to Payday Super. While this provides welcome comfort, further detail on the scope and mechanics of these amendments is still expected.
While the administrative uplift is a significant feature of the regulations, they also address a number of other practical and technical matters relevant to employers, superannuation funds and administrators.
The regulations confirm that, from 1 July 2026, the categories of employees and payments that are excluded from superannuation guarantee remain unchanged in outcome. There is no change to the scope of SG exclusions as a result of the Payday Super reforms.
However, the underlying legislative framework has been restructured and consolidated, with amendments to the Superannuation Guarantee (Administration) Act 1992 (Cth) and associated regulations to streamline existing provisions. While these changes are largely technical in nature, they re‑organise how exclusions are expressed within the law.
The regulations prescribe circumstances in which the Commissioner may extend SG contribution deadlines for affected employers. These exceptional circumstances include:
Where such circumstances arise, affected employers may receive an extended due date of the later of:
The extension mechanism is designed to operate only where disruption is systemic rather than employer‑specific.
The regulations introduce a streamlined framework for superannuation fund contribution processing. Trustees are required to either allocate contributions to a member’s account or refund contributions that cannot be allocated within three business days of receipt.
This replaces the previous framework, which distinguished between complete and incomplete contribution information and allowed longer processing periods. Where a contribution cannot be allocated due to insufficient or incorrect member identification information, the trustee must refund the contribution within the same three business day timeframe.
Self‑managed superannuation funds continue to be subject to a 28‑day allocation period, consistent with existing requirements.
Employers should review whether their systems and processes are capable of supporting the Payday Super framework, including:
Given the redesigned superannuation guarantee charge framework and enhanced ATO oversight, early preparation remains critical.
Grant Thornton can support employers as they prepare for Payday Super and the operation of the administrative uplift under the new regulations. Our assistance can include:
If you require assistance, please reach out to Elizabeth Lucas or your usual Grant Thornton advisor. You can also watch our recent FBT and Payday Super update webinar on demand.
Payday Super and contractors: key issues, payment timing risks and SG obligations for employers.
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