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NSW State Government employers are not required to follow the superannuation stapling requirements set out in the Australian Government’s Your Future Your Super reforms. Such NSW State Government Employers* can satisfy their superannuation guarantee obligations by contributing in accordance with the Aware Super Act 1992 (NSW).

Upon commencing their employment, if a new employee has not made a choice of fund selection, such NSW State Government employers can continue making contributions to the Aware Super Fund. If the new employee makes a choice of Fund selection, the employer will need to ensure that super contributions are made to the employee’s chosen Fund.

*NSW State Government Employers are referenced in:

  1. Aware First State Super Act - Schedule 1 Employers,
  2. Government Sector Employment Act 2013,
  3. Part 1 Departments,
  4. Part 2 Executive agencies related to Departments,
  5. Part 3 Separate agencies.

Please note this is not an exhaustive list.