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In April 2026, the Full Bench of the Fair Work Commission (Full Bench) issued a determination varying the rostering provisions with respect to sleepovers in the Social, Community, Home Care and Disability Services Award 2010 (SCHADS Award) to remove ambiguity or uncertainty and to achieve the modern awards objective to provide fair and relevant minimum safety net of terms and conditions.

The Full Bench’s decision and determination were issued following the decision of the Full Court of the Federal Court of Australia (FCA) in Jats Joint Pty Ltd v Fair Work Ombudsman [2026] FCAFC 25 (Jats Joint). The Jats Joint proceedings also concerned the interpretation of sleepover shifts and the application of shift penalties.

What are the changes?

The determination now makes it clear that:

• An employee and employer can agree that ordinary hours may be worked up 12 hours if the shift is partly performed on either side of a sleepover (where 8 ordinary hours may be worked before or after a sleepover period).
• A sleepover period is not a break between rostered work and periods of work performed on either side of a sleepover is considered one “shift”.
• Part-timeand casual employees can work up to 12 hours without the payment of overtimewhere part of the shift is performed on either side of a sleepover.
• The period of work performed on either side of a sleepover will be treated separately for the purposes of the applicable shift penalties.

The example which will be included in the SCHADS Award is as follows:

Example: If an employee performs work on a shift prior to a sleepover period from 9.00 pm to 11.00 pm (first period of work) and then, after the sleepover, from 7.00 am to 11.00 am (second period of work), the afternoon shift allowance will be payable on the first period of work only.

When will these changes commence?

The determination will come into operation on 1 June 2026 and will take effect from the first full pay period that starts on or after 1 June 2026.

Social, community, home care and disability services sector employers should review rostering arrangements and payroll rules now to ensure that the new provisions are implemented ready for 1 June 2026.

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