Employees are generally eligible for choice if they are:
- covered by Federal awards;
- not covered by any award or registered agreement; or
- covered by national agreements preserving State awards where their employer is a constitutional corporation.
Employees are not eligible for choice if they are:
- members of certain public sector super schemes;
- members of certain defined benefit super funds;
- covered by State awards, where their employer is not a constitutional corporation;
- covered by a Federal certified agreement, collective agreement, Australian workplace agreement, or ITEA that requires the employer to make superannuation contributions;or
- covered by a State agreement made prior to 27 March 2006 that requires the employer to make superannuation contributions;
- covered by a workplace determination; or
- covered by an enterprise agreement.