Employers' choice of fund obligations

Generally, a new employee must be provided with a standard choice form. New employees include public sector employees who have transferred from another agency, those on fixed-term contracts, and casual employees at the commencement of employment. Directors of Boards and statutory authorities are also considered ‘employees’ for Superannuation Guarantee purposes. Eligible new employees may be a first time employee, a member of GESB Super, West State Super, or a member of any another super fund.

Ineligible Employees

Employers are not required to issue a standard choice form to employees whose contributions are paid to a public sector defined benefit scheme – Gold State Super, the State Pension scheme, the Parliamentary or Judge’s pension schemes, or the Fire and Emergency Services Superannuation defined benefit fund. If a Gold State Super member completes a choice form, they would not be considered to have withdrawn from the scheme on this basis alone. Instead, they should be directed to contact GESB in the first instance.

A Standard choice form must be provided to an eligible new employee within 28 days of their start date. The employee is not obliged to complete the form, but must be given the opportunity to do so. If an employee does not complete the form, or choose a fund, the employer must pay Superannuation Guarantee contributions for the employee into the employer’s nominated default fund.

Employees may request the Standard choice form at any time. There is no restriction on the number of times a Western Australian State Government employee can change the superannuation fund for their employer’s Superannuation Guarantee contributions.

Employers must commence paying Superannuation Guarantee contributions to an employee’s chosen fund within two months of the date of receiving the employee’s completed Standard choice form. Before remitting contributions, employers are responsible for checking whether the employee’s chosen fund is a ‘complying’ super fund. Complying funds meet specific requirements and obligations outlined in the Superannuation Industry (Supervision) Act 1993. To check if a superannuation fund is complying visit Super Fund Lookup.

Eligible employees who choose a self-managed superannuation fund (SMSF) should provide their employer with evidence from the Australian Tax Office that it is a complying super fund.

The employer does not need to accept an employee's choice of fund if:

• the employee has not provided all of the information required by Section A of the standard choice form
• the relevant statements (including a statement from a complying superannuation fund or retirement savings account acknowledging that it will accept contributions from the employer on the employee's behalf) are not attached

Find out more about employers’ obligations when administering choice of fund.