Superannuation Legislation Amendment (Fair Super for Young Workers) Bill 2026: what it proposes

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Superannuation Legislation Amendment (Fair Super for Young Workers) Bill 2026: what it proposes

The Superannuation Legislation Amendment (Fair Super for Young Workers) Bill 2026 is a private senator's bill introduced by Senator Barbara Pocock (Australian Greens) on 12 August 2026. It responds to the exclusion of workers under 18 who work fewer than 30 hours in a week from the superannuation guarantee. Under current law, employers are generally required to pay the superannuation guarantee (12 per cent of ordinary time earnings) for eligible workers, but workers under 18 are only entitled to superannuation guarantee contributions if they work more than 30 hours in a week. Senator Pocock has said the exclusion leaves hundreds of thousands of young workers without superannuation and costs an estimated $405 million in contributions in a single year. The bill would extend the superannuation guarantee to workers under 18 regardless of the number of hours they work. As introduced, the bill was read a first time in the Senate on 12 August 2026 and the second reading was moved the same day. It is before the Senate and has not been enacted.

This is a federal system guide. State constitutions, parliaments and local-government laws can allocate comparable functions differently.

The useful question is not only “what is the rule?” but also “who administers it, which document controls it, and when might it change?” That distinction prevents an accurate general explanation from becoming wrong advice in a particular election, chamber or policy setting.

Evidence review

What the bill would do

The bill would amend the superannuation guarantee provisions so that workers under 18 are entitled to superannuation guarantee contributions regardless of the number of hours they work in a week.

Under current law, the superannuation guarantee applies to most employees, but workers under 18 are only entitled to superannuation guarantee contributions if they work more than 30 hours in a week. The bill would remove that hours-based condition for workers under 18.

The bill is a private senator's bill and does not form part of the government's legislative program.

The superannuation guarantee is the compulsory employer contribution of 12 per cent of an eligible employee's ordinary time earnings, paid into a superannuation fund. The general eligibility rules in the Superannuation Guarantee (Administration) Act 1992 set out which employees attract the guarantee and the conditions that apply.

Evidence review

Why the bill was introduced

Senator Pocock introduced the bill to address the exclusion of young workers from the superannuation guarantee. She has said the current rules mean most under-18 workers miss out on superannuation, with an estimated $405 million in contributions lost in a single year.

The issue was raised during the Senate's consideration of the Payday Superannuation Regulations 2026, which commenced on 1 July 2026 and require employers to pay superannuation at the same time as wages. The regulations retained the exclusion for workers under 18 working fewer than 30 hours a week.

Senator Pocock moved a disallowance motion in the Senate to remove the exclusion, which was defeated on 1 July 2026. This bill is a further attempt to change the law.

Senator Pocock's public statements on the issue say the current rule draws an arbitrary line based on age and hours, despite the fact that under-18s perform the same work for the same employers as older workers. She has said the exclusion costs young workers an estimated $405 million in contributions in a single year and entrenches lower lifetime savings.

Evidence review

Who the bill would affect

The bill would affect workers under 18 who work fewer than 30 hours in a week, who would become entitled to superannuation guarantee contributions on their earnings.

It would affect employers of those workers, who would be required to make superannuation contributions for them.

The bill does not change the superannuation guarantee rate, the definition of ordinary time earnings, or the rules that apply to workers aged 18 and over.

The bill would not change the rate of the superannuation guarantee or the definition of ordinary time earnings. Its effect would be limited to removing the 30-hour weekly condition for workers under 18, making them entitled to contributions on the same basis as other employees.

Evidence review

Context: payday superannuation

From 1 July 2026, employers are required to pay their employees' superannuation guarantee at the same time as their salary and wages, under the Treasury Laws Amendment (Payday Superannuation) Act 2025 and related legislation.

The Australian Taxation Office administers the superannuation guarantee, and the Fair Work Ombudsman provides guidance on the new payday super rules.

The exclusion of under-18 workers working fewer than 30 hours a week from the superannuation guarantee is a separate rule that this bill seeks to change.

Evidence review

Parliamentary status

The bill was introduced in the Senate and read a first time on 12 August 2026, with the second reading moved the same day. It is listed as before the Senate in the 48th Parliament.

To become law, the bill would need to pass the Senate, be agreed to by the House of Representatives, and receive Royal Assent. As a private senator's bill, its progress depends on the support of the Senate and the Government.

No proposed amendments had been circulated as at 16 August 2026.

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