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Super Stapling | Christmas Party Conduct | Christmas Period Shutdowns


From November 1st 2021, new legislation was introduced in relation to “super stapling”.

The legislation aims to reduce the number of superannuation accounts under individuals. Previously when a person changed jobs, if they did not choose an existing superannuation fund, they would be set up on the employer's default fund. This resulted in some individuals ending up with multiple superannuation accounts. Under the new “Super Stapling” legislation, now when an employee starts a new job, if they don’t nominate a fund or choose their employer's fund, their existing superannuation account will be “stapled” to them. Weird term we know, but in reality, it just means it follows the employee from job to job. What does this mean for employers?

To ensure that you as an employer, are complying with the new “Super Stapling” legislation, you should follow these quick steps:

  • Continue to offer new employees a choice of super fund

  • If a new employee does not nominate either an existing fund or your company default fund, you will need to contact the ATO and request their existing fund details. This can be done via the ATO online service portal

  • Make contributions into the stapled fund unless the employee requests a change

  • Lastly, a quick check of the superannuation clauses in contracts is needed to ensure they reflect the new changes and a reminder in your onboarding checklist to ensure your payroll team are stapling those funds if needed

For further information you can visit the ATO Website

CHRISTMAS PARTY CONDUCT It's that time of year again! The festive season is quickly approaching, and work Christmas parties are just around the corner. This year has been particularly challenging with COVID-19, regular lockdowns and ever-changing government restrictions and mandates. It’s natural that we want to blow off some steam after a tough year, but as an employer, you need to be mindful that a Christmas party is still a work setting, and that you are still on duty! We recommend that you take a few steps to look after your team (and limit your businesses liability), by doing the following:

  • Remind your employee's of important company policies such as Drug and Alcohol, Bullying and Sexual Harassment, Discrimination and Code of Conduct

  • Communicate the standard of behaviour expected and remind employee's that policies apply at business functions

  • Ensure that the venue is following responsible service of alcohol and serving enough food

  • Encourage employee's to plan a safe way to get home after the party

  • If any issues or complaints arise from the Christmas party, investigate promptly and follow grievance policies

  • Try and drink responsibly yourself, no-one likes a drunk boss at a Christmas party, least of all you when the photos turn up on Monday


Finally a chance for a business shutdown without the C word involved! As Christmas approaches and the beaches heat up its time to remember to plan your business shutdown over the Christmas and New year period. Generally, you will be required to give your team a specified period of notice and the conditions on how and when you direct your employees to take leave. If you have no idea what these periods and conditions are check your relevant Award or employment contracts.

If your business is going to remain open during the Christmas and New Year Period, it is important to consider that public holiday provisions may apply, including penalty rates or time in lieu. In Queensland the public holidays over the period are:

  • Friday 24 December - Christmas Eve (from 6pm to 12 midnight)

  • Saturday 25 December - Christmas Day

  • Sunday 26 December - Boxing Day

  • Monday 27 December - Public holiday for Christmas Day

  • Tuesday 28 December - Public holiday for Boxing Day

For other states you can check here for more information.

Please contact us if you need help or advice regarding any of these topics or laws, policy reviews or workplace training.

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