Australian workers could receive a $3.3 billion refund in stolen retirement funds if the Greens successfully amend the government's workplace reforms bill.
The Greens have called on the federal government to criminalise superannuation theft in the same way it aims to outlaw wage theft as part of its proposed workplace laws.
The bill is aimed at closing loopholes and ending exploitative practices such as companies using labour hire workers to undercut the rate of pay agreed for employees.
It will also strengthen protections for gig workers, create a pathways for casuals to become permanent and end discrimination against survivors of domestic violence.
But Greens employment spokesperson Barbara Pocock said amending the legislation to criminalise super theft would send a strong message to corporations such as 7-Eleven and bosses like former Masterchef judge George Calombaris, who underpaid staff by $7.8 million.
"If you steal super from your workers, you will pay the price," she said.
"Super theft is wage theft and the Greens want it treated as such under workplace law."
Every year, superannuation theft costs workers $3.3 billion, more than twice the cost of wage theft.
It also disproportionately affects vulnerable communities such as young people, migrant workers and those in low-paying jobs like accommodation, food services, retail and construction.
"Many of these victims don't have the resources or time to hire a lawyer and fight in the courts for their basic entitlements across various pieces of obscure legislation," Senator Pocock said.
Australian employers are legally required to pay superannuation contributions for any worker more than 18 years old, or those under 18 who work more than 30 hours per week.
Businesses that fail to pay an employee's super can be penalised and there are related criminal offences which could be applied in such a case.
But the act of failing to pay super is not a crime.
Senator Pocock urged independents including Jacqui Lambie, Lidia Thorpe and David Pocock to back the Greens' amendments.
The government will require the support of the Greens and crossbenchers to secure the passage of its bill through the Senate.
But it won't come on for debate until an inquiry report is completed in February.
