Employers have robbed Australian workers of about $17 billion since 2009 by dodging their obligation to pay the compulsory superannuation guarantee.

Key points: Rogue employers short changed staff on average $2.81bil each year between 2009-2015

Rogue employers short changed staff on average $2.81bil each year between 2009-2015 Worst offenders include: small-medium businesses in construction, retail, food services, accommodation

Worst offenders include: small-medium businesses in construction, retail, food services, accommodation ATO deals with around 20,000 complaints from both current and former employees a year

An audit by the Australian Tax Office (ATO) shows rogue employers short-changed staff by an average $2.81 billion every year between 2009 and 2015, hitting a peak of $3.3 billion in 2014-2015.

According to the ATO audit, the worst offenders include small-to-medium businesses in the construction, retail, food services and accommodation sectors.

ATO deputy commissioner for superannuation James O'Halloran said employers who either knowingly or unwittingly hold back superannuation will now face tougher scrutiny and penalties.

"My message is to do the right thing and pay employees their entitlements," he said.

"We have at least 150 staff doing super guarantee work full time. Any level of non-compliance is of concern given the impact it has on employees.

"If we find there has been intentional disregard, we will apply penalties and take people to court as necessary.

"There is a penalty regime of up to 200 per cent of the outstanding amount of super guarantee."

The ATO has been investigating "the superannuation guarantee gap" — the value of the current 9.5 per cent superannuation guarantee payment required by law and the contributions employers actually make into retirement funds.

Over six years — between 2009 and 2015 — the ATO found a gross gap of about $17 billion because 5 per cent of sometimes-unscrupulous employers evaded the payment.

However, the ATO said that since 2010, more than $2 billion has been recovered and transferred into employee superannuation accounts.

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Legislation to close legal loophole to be introduced

The ATO was pressed into greater action late last year amid claims about a third of Australian workers were being ripped off by rogue employers who hold back some or all of their superannuation entitlements.

Financial Services Minister Kelly O'Dwyer said the ATO was getting more money to haul employers into line, with tougher penalties for employers who repeatedly rip off their staff.

"The Government is very concerned about any employee who loses out on their superannuation entitlements — it is illegal," Ms O'Dwyer said.

"Those workers are being robbed of their wages.

"Under the Government's new changes, those employers will face the full force of the law. They will find themselves for the first time as being directly responsible for their employees' superannuation accounts.

"The ATO will have new ability to seek court-ordered penalties in the most egregious of the cases of non payment and they will be able to secure assets for high-risk employers."

Ms O'Dwyer has also be turning up the heat on employers who hold back salary-scarified contributions from staff to boost the perception of a business's cash flow.

She said legislation to close a legal loophole allowing the practice would be introduced in the next session of Parliament.

"It's completely wrong that an employee who is salary sacrificing is not getting full advantage of their superannuation guarantee entitlement," she said.

The ATO said it dealt with about 20,000 complaints about unpaid super from both current and former employees every year.

Follow Peter Ryan on Twitter @peter_f_ryan and on his Main Street blog.