Payday Super Is Law: What Every Employer Needs to Do Before 1 July 2026
From 1 July 2026, employers must pay super on payday instead of quarterly — the biggest change to super in over 30 years.
The Treasury Laws Amendment (Payday Superannuation) Act 2025 passed Parliament in November 2025 and takes effect 1 July 2026. This will significantly affect cash flow, payroll processes, and compliance risk for every business that employs staff.
If you employ staff — even one — these changes apply to you. Here is what is changing and what you need to do now to be ready.
The Key Changes
1. Super must be paid on payday
Employers must pay SG on the same day as salary and wages. The super fund must receive the contribution within 7 business days of payday. This is a strict deadline — missing it may trigger Superannuation Guarantee Charge (SGC) penalties. The old quarterly deadline (28 days after quarter end) is abolished. If you pay fortnightly, you now have a super obligation every fortnight.
2. New way to calculate super — Qualifying Earnings
The SG calculation base changes from Ordinary Time Earnings (OTE) to a broader concept called Qualifying Earnings (QE). QE captures more payment types than OTE — including commissions, some salary sacrifice arrangements, and other amounts currently included in an employee's salary or wages for SG purposes. If you haven't reviewed your payroll classifications recently, now is the time.
3. Tougher penalties for late super
The penalty regime has been completely overhauled. The Superannuation Guarantee Charge (SGC) is now ATO-assessed, not self-assessed. Late payments attract daily compounding interest at the General Interest Charge (GIC) rate, with a 200% maximum penalty cap(which the ATO can remit in appropriate cases). The old late payment offset rules are abolished.
On the positive side, SGC is now tax deductible — previously it was not.
Late super will become more visible, more expensive, and harder to fix.
4. Real-time ATO visibility through STP
Single Touch Payroll (STP) reporting must include Qualifying Earnings and the super liability amount from 1 July 2026. This gives the ATO real-time visibility of what you owe and when — which is how the new ATO-assessed SGC model will work in practice. Late or missing payments will be flagged immediately, not discovered months later.
5. Small Business Superannuation Clearing House closing
The Small Business Superannuation Clearing House (SBSCH) closed to new registrations on 1 October 2025. All existing users must transition to an alternative clearing house or direct payment method by 30 June 2026. If you currently use the SBSCH, you need a new solution in place before 1 July.
6. Fund allocation window reduced
Super funds currently have 20 business days to allocate a contribution to a member's account after receiving it. That window is being reduced to 3 business days. Employees will see their super hit their account much faster, and any errors in fund details or member information will surface immediately rather than weeks later.
What You Need to Do Now
1. Review your payroll system.
Confirm your software can process SG payments each pay cycle (not quarterly) and report Qualifying Earnings through STP. Contact your payroll provider now — do not wait until June.
2. Audit your earnings classifications.
Map your current OTE categories to the new Qualifying Earnings definition. Commissions, salary sacrifice, and allowances may need reclassifying. Get this right before 1 July, not after.
3. Update your cash flow planning.
Although the total annual super cost doesn't change, businesses will lose the timing benefit of quarterly payments. Super becomes a per-pay-cycle outflow. Make sure your cash flow forecasts and working capital reflect this.
4. Transition off the SBSCH.
If you use the Small Business Superannuation Clearing House, choose an alternative clearing house or set up direct fund payments before 30 June 2026.
5. Verify employee fund details.
With the fund allocation window dropping from 20 to 3 business days, incorrect fund details will cause immediate problems. Clean up your employee super fund records now, including USIs, member numbers, and fund ABNs.
6. Talk to your accountant.
These changes interact with your payroll processes, tax planning, and compliance obligations. A 30-minute conversation now is worth far more than an SGC assessment later.
ATO guidance in development: The ATO has released four draft Law Companion Rulings (LCR 2026/D1 to LCR 2026/D4) covering the new payday super rules. Public consultation closes 1 May 2026. We are reviewing these closely and will update our guidance as the final rulings are issued.
How We Can Help
Our team can review your payroll setup, map your earnings classifications to the new Qualifying Earnings rules, and make sure your systems are ready before 1 July. Don't leave it to the last minute.
Call Us: (02) 6964 4400Roy Spagnolo & Associates — Chartered Accountants, Griffith NSW
This information is general in nature and current as at April 2026. It does not constitute advice. Please contact our office to discuss your specific circumstances.

