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Tuesday, April 21, 2026

Fair Work clarifies care sector sleepover rules, gives employers until June to comply - hcamag.com

Australia’s workplace relations authority has issued new rules on how overnight care shifts are rostered and paid, providing long-awaited certainty for employers in the disability and community services sector ahead of a June 2026 deadline.

The Fair Work Commission handed down its final determination last week, resolving longstanding ambiguity around sleepover arrangements under the Social, Community, Home Care and Disability Services Industry Award 2010 – commonly known as the SCHADS Award. The new provisions take effect from the first full pay period on or after 1 June, 2026.

Under the changes, an employee may work before and after an overnight sleepover as part of a single agreed shift of up to 12 ordinary hours, with no more than eight ordinary hours worked on either side. Shift penalties apply separately to each segment, the sleepover allowance remains payable, and overtime is triggered only when the 12-hour limit is exceeded.

The Commission also resolved a key point of dispute: a sleepover does not count as a break between shifts. Work performed immediately before and after a sleepover is treated as part of the same shift, although each segment is still calculated separately for loadings and penalty purposes. The standard minimum break between shifts remains 10 hours, but may be reduced to no less than eight hours by agreement in specific circumstances linked to sleepover arrangements.

Laurence McLean, director of operations at Peninsula Australia, said the ruling...



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