Who is not eligible to choose a super fund? Your employee may not be eligible under the superannuation guarantee to choose a super fund if: you pay superannuation for them under a: state industrial award preserved state agreement federal industrial agreement such as an Australian workplace agreement (AWA) pre-reform AWA, pre-reform certified agreement, collective agreement old IR agreement, individual transitional employment agreement (ITEA) workplace determination, or enterprise agreement (these are defined terms in Federal industrial relations law); or They are in a particular type of defined benefit fund or they have already reached a certain level in a defined benefit fund. Some federal and state public sector employees are also excluded from choice of superannuation.
