Is Payday Super law or guidance?
Payday Super is law. It is a legislated change to superannuation payment requirements, not optional guidance.

Employers are legally required to comply with Payday Super from its commencement date.

What the law says

Payday Super is established through legislation that changes when superannuation guarantee (SG) contributions must be paid.


Under the law:

  • employers must pay super in line with each payday
  • quarterly payments no longer apply once Payday Super starts
  • failure to pay super on time can result in non-compliance

Payday Super does not introduce a voluntary or best-practice framework. It creates a legal obligation.

What the ATO says

The Australian Taxation Office describes Payday Super as a mandatory reform to the superannuation system.


The ATO’s role is to:

  • administer the law
  • provide guidance on how to comply
  • enforce compliance where obligations are not met

ATO guidance explains how Payday Super works, but the requirement itself comes from legislation.

What this means in practice

For employers, this means:

  • Payday Super is not optional
  • it is not something you can “adopt early” or “wait and see”
  • guidance materials do not replace the underlying legal obligation

If there is a difference between what the law requires, and how guidance explains it - the law prevails. ATO guidance exists to help employers comply, not to make compliance optional.

Common misunderstandings

“It’s just ATO guidance”

It is not. Payday Super is a legal requirement administered by the ATO.


“Guidance means flexibility”

Guidance explains compliance; it does not create exemptions.


“I can rely on current quarterly rules until told otherwise”

Quarterly payment rules apply only until Payday Super commences.

Last reviewed: 15 January 2026