Your employer could be right. From the ATO
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.
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