What the law says
Under Payday Super, employers must pay super on or before each payday.
If super is not paid on time:
Payday Super changes the timing of compliance, not the consequences of non-compliance.
What the ATO says
The Australian Taxation Office treats late-paid super as unpaid super for compliance purposes.
Where super is paid after the required due date, the ATO may:
These rules already exist. Payday Super applies them on a payday basis rather than quarterly.
What this means in practice
Under Payday Super:
If super is paid late for a particular pay run, that pay run is non-compliant, even if:
This makes process reliability critical.
How this differs from quarterly super
Under quarterly super:
Under Payday Super:
This increases the frequency at which late payment can occur, without changing the underlying rules.
What this is not
Paying super late:
Primary sources
Australian Taxation Office — About Payday Super
Australian Taxation Office — Paying Super Contributions
https://www.ato.gov.au/businesses-and-organisations/super-for-employers/paying-super-contributions
Related guides
Last reviewed: 15 January 2026