Industrial Relations Act 2016

On hearing the application, the commission or magistrate—

must order the employer to pay the employee—

the amount the commission or magistrate finds to be payable and unpaid to the employee for the 6 years before the date of the application; and

an amount the commission or magistrate considers appropriate, based on the return that would have accrued in relation to the contributions had it been properly paid to the approved superannuation fund; and

may make an order for the payment despite an express or implied provision of an agreement to the contrary; and

may order the payment to be made on the terms the commission or magistrate considers appropriate.

For an order about an unpaid contribution, the order must require the contribution to be paid to—

if the employee is employed by the employer—the approved superannuation fund; or

if the employee is no longer employed by the employer—

the approved superannuation fund; or

a complying superannuation fund; or

a superannuation fund nominated by the employee; or

an eligible rollover fund; or

if the amount is less than the amount of total benefits that may revert to an employee under the Superannuation Industry (Supervision) Act 1993 (Cwlth)—the employee.

The contribution must be paid into the unclaimed moneys fund if a former employee in relation to whom an order is made—

can not be located after making reasonable attempts; or

does not nominate a superannuation fund for the purpose of the order, if required by the order to do so.