Alex is Sprintlaw's co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
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If you’re navigating a redundancy in Australia - whether you’re planning redundancies as an employer or you’ve been told your role is no longer required - it’s completely normal to ask what happens to superannuation. Do you pay super on redundancy? Is superannuation paid on termination? And what happens to your super balance after your role ends?
Redundancy and super do intersect, but in very specific ways. Getting the rules right matters for employers (to stay compliant) and for employees (to protect their entitlements and retirement savings).
In this guide, we’ll break down how redundancy affects superannuation in Australia: what attracts super and what doesn’t, how to structure final payments correctly, and the practical steps to take. We’ll keep things clear and actionable so you can move forward confidently.
What Is Redundancy?
A redundancy happens when an employer decides a job is no longer required. This could be due to restructuring, cost-cutting, offshoring, or changes in technology or strategy. It’s about the role being removed - not the person - and, when done properly, it’s known as a “genuine redundancy.”
In a genuine redundancy, employers must follow the consultation and notice requirements that apply under the National Employment Standards (NES) and any relevant award or enterprise agreement. Eligible employees are entitled to redundancy pay based on their years of continuous service. If you’re unsure how much redundancy pay may apply, tools like a redundancy calculator can help you estimate the amount.
But where does superannuation fit in? The key concept is “ordinary time earnings” (OTE). Superannuation is generally only payable on OTE - not on every type of termination payment. Understanding this distinction avoids costly errors.
Yes - but not in the way many people assume. You do not lose your super if your role is made redundant. Your balance remains in your fund and continues to be invested. The real question is whether any part of your final payments requires additional super contributions from your employer.
In Australia, employers must pay super on an employee’s ordinary time earnings. That covers regular salary or wages for ordinary hours of work, up to the last day of employment. It typically does not include one-off severance-style payments or certain termination-specific amounts.
At a glance:
- Super is payable on ordinary wages up to the last day of employment.
- Super is generally not payable on the redundancy pay itself.
- Super is generally not payable on unused leave paid on termination.
- Super is generally not payable on pay in lieu of notice.
Let’s unpack each category so you can structure final payouts correctly.
Which Termination Payments Attract Super?
When employment ends due to redundancy, the final payout is often made up of several components. Each has its own superannuation outcome. Use the breakdown below to avoid underpayments or overpayments.
Ordinary Time Earnings Up To The Final Day
Employers must pay super on ordinary time earnings up to (and including) the final day of employment. This covers regular hours worked, and it’s handled as part of your standard payroll cycle. If the employee works through their notice period, super is payable on those wages in the usual way.
Tip for employers: When you prepare the final payroll, separate the last pay for ordinary hours from other termination amounts so the super calculation is clear and auditable.
Redundancy Pay (Severance)
Genuine redundancy pay is a special severance payment based on years of service. It is not ordinary time earnings. As a result, superannuation is not payable on the redundancy pay component.
This is a common misconception. Even though redundancy pay is part of the final payout, it doesn’t attract super - it’s treated differently to normal wages.
Unused Annual Leave And Long Service Leave Paid On Termination
In most cases, superannuation is not payable on unused annual leave or unused long service leave that’s cashed out at termination. These payments are not ordinary time earnings for superannuation guarantee purposes when they’re made because employment has ended.
Some employees also receive annual leave loading. As a general rule, if the annual leave (and any loading) is paid out on termination, it does not attract superannuation. Where awards or enterprise agreements operate in complex ways, it’s sensible to review the instrument and your payroll settings. If you’re unsure, consider getting advice and keep clear records to show how you treated each amount in the calculation.
Pay In Lieu Of Notice
If the employee is paid in lieu of working their notice period (rather than working it out), that amount is typically considered a termination payment - not ordinary time earnings. As a result, superannuation is generally not payable on pay in lieu of notice.
It’s important to distinguish between working notice (wages for hours actually worked, which do attract super) and pay in lieu of notice (a termination payment, which generally does not attract super).
Bonuses, Ex Gratia And Other Payments
Some payouts include discretionary or contractual bonuses, or ex gratia amounts. Whether super applies depends on whether the payment is considered ordinary time earnings. For example, a bonus that relates to ordinary work performed before the termination may be treated differently to a one-off, discretionary termination payment.
Given the variety of bonus arrangements in practice, it’s worth double-checking your specific scenario. As a starting point, our guide to superannuation on bonuses explains the main considerations for employers.
Tax Treatment Note
Genuine redundancy payments may receive concessional tax treatment up to a government-set cap, and excess amounts may be treated as Employment Termination Payments (ETPs). Because tax outcomes are fact-dependent and change over time, it’s best to speak with your accountant or tax adviser about how your termination amounts will be taxed. This article focuses on whether super is payable - not detailed tax advice.
Employer Obligations During Redundancy
Beyond the superannuation question, employers have several legal obligations when implementing redundancies. Handling the process correctly reduces the risk of disputes and ensures employees receive what they’re owed.
1) Follow Consultation And Notice Requirements
Check the applicable award or enterprise agreement for consultation rules and notice requirements. The NES sets minimum standards, but your industrial instrument may require additional steps. A fair and transparent process goes a long way to reducing issues later.
2) Calculate Entitlements Accurately
Final payouts often include several moving parts. Build a clear calculation that separates each component, including wages to the last day, redundancy pay, unused leave, and any other amounts. If you need a refresher on what to include and how to structure it, this guide to calculating final pay is a helpful starting point.
3) Pay Super On Eligible Components Only
- Pay super on ordinary time earnings up to the final day of work.
- Do not pay super on the redundancy pay itself.
- Do not pay super on unused leave paid on termination.
- Do not pay super on pay in lieu of notice (it’s generally not OTE).
Make sure your payroll system reflects these settings so contributions are accurate and timely.
4) Provide Required Documentation
Issue payslips that clearly itemise each payment and the super treatment. If the employee needs to claim benefits, provide a separation certificate promptly. Keeping transparent records is essential if questions come up later.
5) Keep Your Contracts And Policies Up To Date
Well-drafted employment agreements and clear internal policies make redundancy processes smoother. If your contracts are outdated or silent on key terms, consider updating your Employment Contract template and any related policies so they align with current law and your operational needs.
6) Get Help Where Needed
Complex redundancy programs benefit from tailored legal support. Sprintlaw’s team regularly assists with process planning, compliant communications, and documentation. If you’re conducting a larger round or dealing with award/EA intricacies, our redundancy advice and document suite can help streamline the process and reduce risk.
Redundancy & Superannuation: Practical Steps For Employees
Facing redundancy can be stressful, but a few practical checks can give you clarity and control over your position - especially when it comes to superannuation.
Confirm What You’ve Been Paid
Ask for an itemised breakdown of your final payout. Check which components were treated as ordinary wages (with super), which were redundancy pay (no super), and how any leave was handled. If your notice was paid out rather than worked, confirm whether it was correctly treated as pay in lieu (generally no super).
Check Your Super Contributions
Review your super fund transactions to ensure contributions were made on your ordinary wages up to your final day. If there’s a gap or delay, raise it with your former employer promptly and keep a record of your communications.
Keep Your Super Fund In Good Shape
Your super stays in your fund after redundancy. You might consider consolidating multiple accounts to reduce fees, reviewing your investment options, or checking any insurance cover attached to your fund. These are personal finance decisions - if you need tailored guidance, speak to a licensed financial adviser.
Understand Your Tax Position
Genuine redundancy payments can be tax-free up to a cap, while other components may be taxed differently. A quick conversation with your accountant can help you plan and avoid surprises at tax time.
Ask Questions Early
If something doesn’t look right - for example, you think super on ordinary wages is missing, or a component was incorrectly categorised - raise it with payroll in writing. If you still need support, our team can assist with a practical pathway to resolve the issue.
Common Scenarios And How Super Applies
Here are a few scenarios we regularly see, with how superannuation typically applies under the super guarantee rules.
Scenario 1: Working Out Your Notice
You keep working for four weeks after being told your role is redundant. You receive your normal salary for those weeks and then your redundancy pay. In this case, super is payable on the salary for the four weeks (ordinary time earnings), but not on the redundancy pay.
Scenario 2: Paid In Lieu Of Notice
Your employment ends immediately and you’re paid in lieu of notice. You also receive your redundancy pay and unused annual leave. In this case, super is generally not payable on the pay in lieu, not payable on the redundancy pay, and not payable on the unused annual leave paid on termination. Super is only payable on any ordinary wages earned up to your final day.
If you’re comparing options and want to better understand the difference between working notice and a lump sum payout, our overview of payment in lieu of notice outlines the key points.
Scenario 3: A Final Performance Bonus
You’re eligible for a bonus relating to performance during the year. Whether super applies can depend on the nature of the bonus and how it’s structured in your contract or policy. Start by reviewing your bonus terms, then check how the amount was categorised in your final payout. When in doubt, get advice - bonuses can be nuanced, and our guide to superannuation on bonuses explains the variables.
How Sprintlaw Can Help
Getting redundancy right is about more than the numbers - it’s also about process, communication, and documentation. We help employers plan and implement compliant redundancies (including template letters, talking points and step-by-step checklists) and we assist employees to understand their entitlements and options.
For employers, we commonly prepare tailored redundancy letters, updates to contract templates, and practical guides to ensure you’re paying super on the right components only. That often sits alongside a broader review of your employment documentation - from your Employment Contract template to internal policies - so future changes are smoother and lower risk.
For employees, we can review a proposed payout, explain which components generally attract super, and outline next steps if contributions appear to be missing. If a dispute arises, we’ll help you navigate a practical resolution pathway.
Key Takeaways
- Superannuation is payable on ordinary time earnings up to the final day of employment; redundancy pay itself does not attract super.
- Unused annual leave and long service leave paid on termination generally do not attract superannuation.
- Pay in lieu of notice is typically a termination payment and generally does not attract super; working your notice (ordinary wages) does.
- Bonuses and other payments depend on their nature - check your contract and how the payment is categorised, and seek advice where needed.
- Employers should separate each component of the final payout, pay super only where it’s required, and provide clear documentation such as a separation certificate when requested.
- Up-to-date contracts and policies, plus practical planning, make redundancies smoother; tools like a redundancy calculator and the right redundancy documents help you stay compliant.
If you’d like a consultation about redundancy and superannuation in your workplace, you can reach us at team@sprintlaw.com.au or 1800 730 617 for a free, no-obligations chat.
