Superannuation.
What is ‘superannuation’?
Superannuation, or super, is money set aside during your working life for when you retire. For most people, super begins when you start work and your employer starts paying a portion of your salary or wages into a super fund for you. Super has to be paid at least every 3 months and into the employee's nominated account.
Am I eligible for superannuation contributions from my club or agency?
In many cases, strippers are entitled to superannuation contributions from the club or agency that hired them irrespective if they were hired as employees or independent contractors.
For instance, when a contractor is hired wholly or principally for labour, they’re considered employees for superannuation purposes, and the person that hired them is responsible for paying their superannuation.
For this reason, comprehensive record-keeping is critical.
Who decides? The law.
The law, specifically Superannuation Guarantee (Administration) Act 1992 (the Superannuation Act), decides whether or not you are entitled to superannuation contributions based on your terms of professional engagement, not your club or agency.
Part 2, Section 12(8) of the Superannuation Act states that:
Consider then, if for the purposes of superannuation, you are an employee or an independent contractor. As stated, there are certain circumstances when a contractor is hired, they are considered employees for superannuation purposes, and the person that hired them is responsible for paying their superannuation.
What if I signed a contract or have established a mutual agreement with my club or agency to forgo this entitlement?
Chances are, if you have been asked to sign away your rights, this contract is not legally binding or enforceable. Establishing a mutual agreement between parties similarly does not prevent you from accessing and exercising your rights and entitlements nor does it negate the legal responsibilities of your employer or hirer.
Sham contracts and “mutual agreements” are common in the adult entertainment/sex work industry, not just in Australia but globally. They are a generic tool used propagate industry narratives that exploit and marginalise workers, often reinforced by fear mongering and/or a “family” rhetoric.
What steps should I take to report and/or request my unpaid super?
The Australian Tax Office (ATO) is the institution responsible for collecting your unpaid super. You can report and request unpaid superannuation contributions. The collection process is outlined on their website.
COMING SOON: Guidance on record management
The following are a few of our recommendations for engaging with this process. Please note, you do not have to be currently employed or engaged by a club or agency, you may wish to report and request your unpaid super after you have ceased engagement with a particular party or the industry all-together.
Make sure your records are up-to-date. In order to request your unpaid super contributions, you will need to provide adequate proof of income and work history.
Locate and file any and all information you have about the terms of your professional engagement. This may include: a copy of a contract (signed or unsigned), information booklets, Facebook group posts that stipulate directions from management, any notice or correspondence relating to roster, uniform, stage, dance requirements and/or disciplinary threats or actions (inc. fines). Where possible, include time and date stamps. You will be asked to provide information about your terms of employment/engagement. If you need assistance with obtaining or recording this information, please contact us.
Be sure that any correspondence you have with your club or agency about your workplace conditions or entitlements is in writing (to add to your work history records). In the instance that this is not possible or your club or agency refuses to engage with you in writing, there are ways that you can document a phone conversation or face-to-face meeting, etc, so that it serves as a legal written record. For more information on this, please contact us.
Use the ATO’s online tool, Am I entitled to super? as a general guide.
Review the ATO’s unpaid super collection process to familiarise yourself with what to expect.
Submit the following form to Report & request unpaid super.
Key contacts.
Australian Tax Office (ATO)
Media, Entertainment and Arts Alliance (MEAA)
Our union representative in South Australia is: Aaron Connor.
T: 08 8223 6055 or E: aaron.connor@meaa.org.