{"id":1682,"date":"2026-04-21T15:12:56","date_gmt":"2026-04-21T05:12:56","guid":{"rendered":"https:\/\/dev.maguirelegal.com.au\/?p=1682"},"modified":"2026-04-21T15:22:48","modified_gmt":"2026-04-21T05:22:48","slug":"fair-work-commission-confirms-schads-award-sleepover-changes","status":"publish","type":"post","link":"https:\/\/dev.maguirelegal.com.au\/blog\/2026\/04\/21\/fair-work-commission-confirms-schads-award-sleepover-changes\/","title":{"rendered":"Fair Work Commission Confirms SCHADS Award Sleepover Changes"},"content":{"rendered":"
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The Full Bench of the Fair Work Commission has confirmed the final form of major Social, Community, Home Care and Disability Services Industry Award 2010<\/em> (SCHADS Award<\/strong>) changes dealing with sleepover rostering, overtime, shift structure and related pay issues. The SCHADS Award sleepover changes follow the earlier December 2025 Full Bench decision and will take effect from 1 June 2026<\/strong>.<\/p>\n\n\n\n

Employers covered by the SCHADS Award should now move quickly.<\/p>\n\n\n\n

For employers in disability services, social and community services, and home care, this is not a minor drafting update. It affects how sleepover shifts can be rostered, when overtime becomes payable, and how payroll systems should treat work performed before and after a sleepover.<\/p>\n\n\n\n

Brief background<\/h3>\n\n\n\n

This Full Bench decision arose from several applications to vary the SCHADS Award in relation to the rostering and pay arrangements for sleepover periods. In its earlier December 2025 decision, the Commission decided the Award should be varied and published a draft determination. It then invited further submissions from the parties on the final form of those SCHADS Award sleepover changes.<\/p>\n\n\n\n

The April 2026 decision deals with that final drafting process. It confirms the operative wording of the variations and resolves disputes about how the new clauses should work.<\/p>\n\n\n\n

What the Commission decided<\/h3>\n\n\n\n

The Commission confirmed that, by agreement between employer and employee, ordinary hours may be worked up to 12 hours per shift where part of the shift is worked immediately before and part immediately after a sleepover period. In that situation, a maximum of eight ordinary hours may be worked before or after the sleepover period.<\/p>\n\n\n\n

The Commission also made clear that this eight-hour limit refers to ordinary hours, not a total prohibition on any work beyond eight hours. It said the December decision always contemplated that additional work could still be performed, but any extra period would be paid at overtime rates.<\/p>\n\n\n\n

That is an important point for affected employers. The decision does not ban longer overall working periods around a sleepover. However, it does draw a clearer line between ordinary hours and overtime.<\/p>\n\n\n\n

Sleepover is not a break between shifts<\/h3>\n\n\n\n

The Full Bench also clarified that a sleepover period does not count as a break for the purpose of clause 25.4, and that work performed immediately before and immediately after a sleepover is treated as part of the same shift. It added a new provision confirming that the minimum break rule does not prevent work being performed on both sides of a sleepover where those periods form part of the same shift.<\/p>\n\n\n\n

That clarification matters because sleepovers have been a long-running source of uncertainty under the Award.<\/p>\n\n\n\n

Overtime changes also matter<\/h3>\n\n\n\n

The Commission confirmed amendments to clause 28.1 so that overtime is assessed by reference to a day or shift. This was aimed at fixing the problem where an employee working across two calendar days around a sleepover could otherwise miss out on overtime for an extended shift.<\/p>\n\n\n\n

The Full Bench accepted that the new wording should make clear the test works in the disjunctive sense. In other words, employees do not receive a double entitlement. However, they should not lose overtime simply because a shift spans midnight. The Commission gave the example of part-time employees working three 11-hour shifts across overnight periods and confirmed the variation was designed to ensure overtime is payable in that kind of scenario.<\/p>\n\n\n\n

The Commission rejected unsupported submissions that the new rules would be too difficult for payroll systems to implement.<\/p>\n\n\n\n

Why the Commission moved now<\/h3>\n\n\n\n

The Full Bench noted the recent Full Court of the Federal Court of Australia decision in Fair Work Ombudsman v Jats Joint Pty Ltd<\/a><\/em> and observed that the SCHADS Award provisions lack clarity and precision. It said that position was regrettable given the importance of the sector and that those observations supported the necessity and urgency of the Award variations.<\/p>\n\n\n\n

At the same time, the Commission accepted that employers needed some time to respond. It therefore set an operative date of 1 June 2026.<\/p>\n\n\n\n

What affected employers should do now<\/h3>\n\n\n\n

Employers with SCHADS Award-covered employees should not wait until the commencement date.<\/p>\n\n\n\n

The practical steps are clear.<\/p>\n\n\n\n

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  1. Review current sleepover rosters and identify any shifts that involve work immediately before and after a sleepover period. Those arrangements need to be checked against the new 12-hour shift framework and the eight ordinary hour limit on either side of the sleepover.<\/li>\n\n\n\n
  2. Review payroll settings for overtime. If payroll systems still assess overnight sleepover work by calendar day only, they may not align with the new Award wording.<\/li>\n\n\n\n
  3. Check how your business treats sleepovers for shift structure, minimum breaks and shift loadings. The decision confirms that work before and after a sleepover is treated as part of the same shift, and it also introduces an example to assist with the operation of shift loadings.<\/li>\n\n\n\n
  4. Consider consultation obligations. The Commission expressly noted submissions that many employers may need to make roster and payroll changes, including changes that may trigger consultation obligations under the Award.<\/li>\n<\/ol>\n\n\n\n

    Final word<\/h3>\n\n\n\n

    The SCHADS Award sleepover changes decision gives employers more clarity than the Award has provided for some time. It also creates immediate compliance work.<\/p>\n\n\n\n

    The key issue now is implementation. Rosters, payroll rules, sleepover practices and internal guidance should be reviewed before 1 June 2026.<\/p>\n\n\n\n

    Maguire Legal advises employers on SCHADS Award compliance, sleepover rostering, payroll risk and workforce changes. If your organisation needs to review its sleepover arrangements before the new provisions commence, contact us<\/a><\/strong>.<\/p>\n","protected":false},"excerpt":{"rendered":"

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