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Big changes are coming to how businesses will be required to handle superannuation. The federal government’s Payday Super legislation, which is set to start from 1 July 2026, will require businesses to pay employee super contributions more frequently, aligned with each payday instead of quarterly.

But there’s more: the draft legislation also proposes new rules around how employees select their super fund when starting a new job. 

At 91����, we believe preserving employee choice and engagement is vital when it comes to superannuation. Superannuation is the largest and most valuable employer-funded benefit that businesses provide to their employees. It’s a huge investment that all businesses make when they employ people, which significantly impacts the future financial security of employees – not to mention the economic benefit of driving retirement savings throughout Australians’ working life. 

Employees need to understand and be engaged with their superannuation and employers have the most important role in driving this. 

Why is choice important? 

Australia’s superannuation system is the main way most people save for their retirement, making it vital that employees engage with their super and have agency over where they invest their superannuation. 

Research from the Productivity Commission shows that when employees actively choose their fund: 

• They’re more likely to contribute extra. 
• They’re more likely to monitor balances and performance. 
• They avoid being defaulted into poor-performing funds, boosting long-term retirement outcomes.
• They have higher balances and lower risk of being in underperforming products.

91���� data also tell us:

• 82% of employees are open to switching funds – employees want choice and the ability to invest where it makes sense for them at the time.
• 47% mistakenly believe their employer chose their fund – there’s often a lack of understanding when it comes to choice and employer default funds.
• Key moments like job changes (24%), investment decisions (26%), or a pay rise (14%) are when employees are most likely to engage with their super.

In short: preserving fund choice at onboarding is crucial for your employees’ financial wellbeing.

What will Payday Super change about onboarding?

While the core of Payday Super is about the timing of contributions (requiring employers to pay the Superannuation Guarantee within seven days of payday), the draft legislation also proposes new rules about how fund choice is handled during employee onboarding. This includes new restrictions on advertising of funds during onboarding and clarification on when stapled fund lookups happen. These changes could either narrow your super options or make it easier than ever to take control. That’s why 91���� is advocating for a version of Payday Super that strengthens your voice in the process.

91���� supports empowering employee choice and providing greater transparency in onboarding as part of the legislation. However, we believe there are some necessary changes that will ensure the best outcome for both employees and employers. 

What is 91���� advocating for when it comes to superannuation choice and Payday Super? 

1. Preserve employee choice and engagement – Ensure onboarding remains a key opportunity for employees to actively select their super fund, driving better long-term engagement and retirement outcomes.
2. Clarify advertising rules – Amend the legislation to allow onboarding platforms to promote a verified existing fund (to prevent duplication) and rename the legislation section for accuracy (from “ban” to “permitted advertising”).
3. Keep stapled fund requests optional – Maintain the “may” (not mandatory) wording for stapled fund lookups at onboarding to prevent errors and reduce compliance risk for employers, especially SMEs.
4. Recognise superior technology – Provide access to ATO-authorised digital service providers to SuperMatch Services to ensure accurate, timely and secure matches of member details during onboarding to new jobs.

The 91���� Super Choice Code of Practice

To help businesses navigate these changes and to set a gold standard for transparency, 91���� has developed Australia’s first Super Choice Code of Practice for onboarding platforms.

This Code ensures:

• Employees are presented with clear, unbiased super options.
• Businesses can stay compliant with new laws.
• Fund choice remains transparent and easy, improving engagement and retirement outcomes.

What’s in the Code?

91����’s Super Choice Code includes these key commitments:

1. No advertising for products that failed APRA’s performance test.
2. Clear disclosures next to any fund ads:
   • How to find their current fund (via MyGov or ATO services).
   • Clear label that something is an advertisement.
   • If the platform receives a fee for fund nomination, this must be disclosed.
   • Employees will be warned in advance if they will see ads, with the option to skip.
3. No financial product advice may be given by the onboarding platform.
4. No inducements – employers cannot be incentivised to push employees toward certain funds.
5. Cybersecurity must meet the highest industry standards (ISO 27001, SOC2 or APRA CPS 234).
6. Conflicts of interest must be fully managed and disclosed.

What does this mean for SMEs using the 91���� platform? 

• You can be confident your employees are being offered genuine fund choice, not steered into products that aren’t in their best interest.
• You reduce compliance risks under the new Payday Super rules.
• You support employee engagement with super, helping them build better retirement savings.

Not to mention that 91����’s payroll and onboarding platform is fully integrated with the ATO’s stapled fund API and TFN validation services, meaning we make it seamless for businesses to comply while giving their employees the best experience possible.

Disclaimer: The information in this article is current as at 26 June 2025, and has been prepared by 91���� Pty Ltd (ABN 11 160 047 709) and its related bodies corporate (91����). The views expressed in this article are general information only, are provided in good faith to assist employers and their employees, and should not be relied on as professional advice. The Information is based on data supplied by third parties. While such data is believed to be accurate, it has not been independently verified and no warranties are given that it is complete, accurate, up to date or fit for the purpose for which it is required. 91���� does not accept responsibility for any inaccuracy in such data and is not liable for any loss or damages arising either directly or indirectly as a result of reliance on, use of or inability to use any information provided in this article. You should undertake your own research and to seek professional advice before making any decisions or relying on the information in this article.