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Your questions answered: What are the minimum hour requirements before or after a sleepover shift in a care home?

By Rebecca Macdougall on August 9th, 2019
  1. Industrial Instruments
  2. Modern Awards

Q
Clause 25.7(f) of the Social, Community, Home Care and Disability Services Industry Award 2010 states:

“An employer may roster an employee to perform work immediately before and/or immediately after the sleepover period, but must roster the employee or pay the employee for at least four hours’ work for at least one of these periods of work.”

We want to know if the four hours need to be at least one side of a sleepover or can it be a total of before and after the sleepover shift?

A
Clause 25.7(f) says an employer may roster an employee to perform work immediately before and/or immediately after the sleepover period, but must roster the employee or pay the employee for at least four hours’ work for at least one of these periods of work. We do not have a case that interprets this clause as it is currently worded but an award will be interpreted according to its ordinary meaning and where possible favourably to employees. Taking a conservative view, we think this means that the four hour period must be either before or after the sleepover and cannot be split between those periods.

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