Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Hiring your first team member is a big milestone - and it comes with important payroll obligations. In Australia, that means withholding employee tax (PAYG) and paying superannuation correctly and on time.
It can feel complex at first. The good news is that with the right setup and simple routines, you can stay compliant and avoid penalties while keeping your focus on growing the business.
This guide explains what PAYG withholding and superannuation mean for employers, how to set up payroll step-by-step, what to do if an employee hasn’t provided super details, and the common traps to avoid. We’ve kept it practical and up to date - including the current super guarantee rate - so you can run payroll with confidence.
Note: This is general information for employers in Australia. It isn’t tax or accounting advice. Always work with your bookkeeper or accountant for advice tailored to your circumstances.
What Are PAYG Withholding And Superannuation In Australia?
As an employer, you have two core payroll obligations from day one:
- PAYG withholding: You must withhold tax from your employees’ salary and wages and remit those amounts to the Australian Taxation Office (ATO) on their behalf. This helps employees meet their income tax obligations through the year.
- Superannuation (Super Guarantee): You must contribute a minimum percentage of an eligible employee’s ordinary time earnings (OTE) into a complying super fund. From 1 July 2024, the Super Guarantee rate is 11.5% (legislated to rise to 12% from 1 July 2025).
Both obligations are mandatory. Missing payments or deadlines can trigger interest, penalties and additional reporting. In serious cases, directors can also be personally liable for certain unpaid amounts.
Do You Need To Pay Both Tax And Super?
In most cases, yes - if your worker is an employee, you need to withhold PAYG and pay super.
- Employees: You generally must withhold PAYG and contribute super (full-time, part-time and casual staff are typically covered). Eligibility rules apply, but the old $450/month threshold no longer exists.
- Contractors: Some contractors are also entitled to super even if they have an ABN - for example, where they’re paid mainly for their labour. If you’re unsure how to classify a worker, get Employee–Contractor Advice early to reduce misclassification and back-pay risk.
The definition of ordinary time earnings matters when calculating super. If you need a refresher on what is and isn’t OTE, this overview of ordinary time earnings is a helpful starting point.
Step‑By‑Step: How To Set Up And Run Payroll Correctly
1) Register For PAYG Withholding And Set Up STP
Before paying anyone, register for PAYG withholding with the ATO (you can do this when you apply for an ABN or later via Online Services for Business or through your tax agent). Set up Single Touch Payroll (STP) reporting through your payroll software so each pay run is reported to the ATO in real time.
STP is a reporting framework - you still pay withheld tax to the ATO on your due dates and pay super directly to funds. STP just sends the earnings, tax and super information to the ATO each pay cycle.
2) Collect Employee Details And Forms
Get your onboarding paperwork in place. You’ll need:
- Tax File Number (TFN) and a completed TFN declaration
- Superannuation Standard Choice Form (so they can choose their fund)
- Bank account details and personal information for payroll
- Any visa/work rights documentation if relevant
Make sure your written Employment Contract clearly sets out pay, super and deductions, and that your workplace policies are consistent with your payroll process.
3) Set Up Your Payroll Software
Use payroll software that’s STP-enabled and suits your pay cycles. Configure award rules if applicable, super calculation settings, leave accruals, and reporting dates. If you use a bookkeeper or payroll service, confirm they’re using STP Phase 2 and will align with your BAS/IAS schedule.
4) Calculate PAYG Withholding Each Pay Cycle
For each pay run, your software (or the ATO tax tables) will calculate the PAYG to withhold based on the employee’s earnings, tax-free threshold claim and other settings. Pay the net wages to the employee and hold the withheld amounts until you remit them to the ATO according to your schedule (often monthly or quarterly, depending on your withholding level).
5) Calculate Super At 11.5% Of OTE
Calculate super at the current Super Guarantee rate (11.5%) on OTE. Some payments are excluded (for example, overtime). Others can be included depending on the circumstances (for example, certain allowances and bonuses). If you pay incentives, review your obligations under super on bonuses and check employment agreements.
6) Pay Super To Complying Funds (At Least Quarterly)
Super must be received by the fund by the quarterly due dates (generally the 28th day of the month after each quarter). Many employers choose to pay super each pay cycle to keep things tidy, but the minimum legal requirement remains quarterly until the government’s planned “payday super” commencement (currently targeted for 1 July 2026).
7) Report Via STP, Remit PAYG And Keep Records
Send your STP report each pay run. Remit your withheld PAYG to the ATO in line with your BAS/IAS cycle. Keep accurate payroll records and issue payslips within one working day of payment. Good recordkeeping supports compliance with Fair Work laws and makes EOFY reconciliation easier.
If you’re building your internal playbook, a clear Staff Handbook and payroll procedures help your team follow the same process every time.
Paying Superannuation The Right Way (Including Stapled Funds)
Super must be paid to a complying fund in the employee’s name - never to the employee directly.
How To Pay Super
- Use a superannuation clearing house (many payroll systems integrate with one). The ATO’s Small Business Superannuation Clearing House is available for eligible small employers.
- Alternatively, pay through your default fund’s portal or directly to each fund using the electronic payment details provided.
- Include the correct payment reference numbers so contributions land in the right member accounts.
What If An Employee Hasn’t Provided Super Details?
You still need to pay on time. Follow this order:
- Ask the employee to complete a Superannuation Standard Choice Form.
- If they don’t choose a fund, request their ATO “stapled super fund” via Online Services for Business (a stapled fund is the existing fund linked to their TFN).
- If the ATO advises there is no stapled fund, pay contributions to your nominated default fund.
Do not delay payment while waiting on details - late payments can trigger the Superannuation Guarantee Charge (SGC). The SGC includes interest and admin fees and is generally not tax-deductible.
When calculating the super amount, use a clean definition of OTE. If you’re unsure, refer back to the OTE overview and check your contracts and payroll settings.
Common Mistakes And How To Avoid Penalties
- Missing the current SG rate: The rate is 11.5% from 1 July 2024. Update payroll settings promptly when rates change.
- Assuming casuals don’t get super: Most casual employees are entitled to super if they meet eligibility rules. Don’t apply the old $450/month threshold - it no longer applies.
- Waiting for super details: Use the stapled fund process or your default fund so you still pay by the due date.
- Misclassifying contractors: You can owe back super and risk penalties if a “contractor” is really an employee. Get classification advice early.
- Confusing STP with payment: STP reports data; it doesn’t move money. You still need to pay PAYG to the ATO and super to funds on time.
- Weak recordkeeping: Keep accurate pay records, super contribution confirmations and STP reports. Consider your obligations under data retention laws when storing employee information.
If you do miss a super deadline, lodge an SGC statement with the ATO quickly. Acting early can limit interest and compliance costs.
Essential Employment Documents And Records
Clear, compliant documents make payroll smoother and reduce disputes. At a minimum, consider:
- Employment Contract: Sets out pay, deductions, super, leave, overtime and termination terms.
- Staff Handbook or workplace policies: Explains payroll processes, leave requests, rostering, and conduct expectations.
- Privacy Policy: If you collect and store employee data, you need clear rules around collection, use and security.
- Payslips and pay records: Issue payslips within one working day and keep detailed records (earnings, deductions, super, leave balances) for the required period.
- Super documentation: Store Superannuation Standard Choice Forms, stapled fund outcomes and contribution confirmations.
When your pay arrangements include incentives, check how they interact with super obligations. The treatment of bonuses and commissions can be nuanced, so cross‑check your contracts against the rules for super on bonuses and OTE.
Finally, payroll doesn’t exist in a vacuum. It should match what your contracts promise, what your systems calculate, and what you report - and all three should be consistent with current law.
Key Takeaways
- Employers must do two things from day one: withhold PAYG from wages and pay super at the current Super Guarantee rate (11.5% from 1 July 2024).
- Set up PAYG and STP before you pay anyone; STP reports each pay run to the ATO but you still need to remit PAYG and pay super to funds on time.
- Use the stapled fund process if an employee doesn’t provide super details, and never delay super past the quarterly deadline to avoid the SGC.
- Calculate super on ordinary time earnings and keep your payroll system and contracts aligned with the rules on OTE and incentives.
- Reduce risk with a clear Employment Contract, a practical Staff Handbook and a compliant Privacy Policy, backed by accurate records and STP reporting.
- If you’re unsure about employee vs contractor status, ordinary time earnings, or super on incentives, get advice early to avoid penalties.
If you’d like a consultation on paying employee tax and super in your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.








