Section 116C — Fair Work Act 2009 (Cth)

The obligation to make contributions for an employee under section 116B does not apply to an employer to the extent that:

(a) the employer has made a charge payment (within the meaning of section 63A of the Superannuation Guarantee (Administration) Act 1992) in respect of the employee under Part 8 of that Act; and

(b) the employee is a benefiting employee (within the meaning of that Part); and

(c) the Commissioner of Taxation is required to pay, or otherwise deal with, a shortfall component (within the meaning of that Part) for the benefit of the employee under that Part.

Related sections

• s 116 — Payment for absence on public holiday
• s 116A — Division does not apply to certain employees or employers in referring States
• s 116B — Employer’s obligation to make superannuation contributions
• s 116D — Preventing multiple actions
• s 116E — Orders for compensation
• s 117 — Requirement for notice of termination or payment in lieu

Research how courts apply s 116C

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.