What is the SCHADS Award?

Commonly referred to as the SCHADS Award, the Social, Community, Home Care and Disability Services Industry Award 2010 sets out the minimum employment conditions for workers in the social and community services sector. Businesses that may be covered by this Award include home care providers, NDIS service providers, family and domestic violence support services and other community service organisations.

Like other modern awards, the SCHADS Award sets out minimum pay rates and conditions of employment. The SCHADS Award is often regarded as one of the more complex modern awards due to its broad coverage, multiple classification structures and detailed rules relating to matters such as allowances, shiftwork, sleepovers, broken shifts, breaks and rostering.

Although employment contracts can provide more generous terms, they generally cannot provide less than the Award. Understanding and applying the Award correctly helps employers meet their obligations and reduce the risk of underpayments and other compliance issues.

Who does the SCHADS Award apply to?

The SCHADS Award covers a broad range of employees working across the social, community, home care and disability services sectors. Roles commonly covered by the Award include disability support workers, residential care workers, home care workers, youth workers and support coordinators.

While the Award has broad coverage, award classification is determined by the work an employee performs rather than their job title alone. This means employees with the same job title may be covered differently depending on their duties and responsibilities.

Streams, classifications and levels

The SCHADS Award is divided into four streams, which group employees based on the type of work they perform. These are:

1. Social and Community Services (SACS)
2. Home Care, Disability
3. Crisis Accommodation and;
4. Family Day Care

Classification levels

In addition to the different streams, employees covered by the SCHADS Award are classified into levels based on factors such as their skills, qualifications, experience, duties and level of responsibility. Within each classification level, there are several pay points that recognise an employee's progression and experience. As employees gain experience and meet the relevant progression requirements, they may move through the pay points and receive higher rates of pay.

Who is NOT covered under the SCHADS Award?

The SCHADS Award does not cover every role within a social, community or disability services organisation. Some employees may be covered by a different modern award depending on the nature of their work, qualifications and professional responsibilities. For example, nurses may be covered by the Nurses Award, allied health professionals by the Health Professionals and Support Services Award, and early childhood educators by the Children's Services Award.

Where a role is not covered by the SCHADS Award, it is often because another award provides more appropriate industry or occupational coverage. To ensure employees receive the correct pay and entitlements, it is important to assess their duties and qualifications carefully and classify them under the appropriate stream and level to minimise risk of underpayment.

Ordinary hours of work and rostering

The SCHADS Award's default position is that ordinary shifts are up to 8 hours. However, with agreement between the employer and employee, ordinary shifts can generally be extended to 10 hours, or up to 12 hours where the shift spans a sleepover arrangement. These hours remain ordinary hours and do not automatically attract overtime simply because they exceed 8 hours.

Under the Award, hours of work are 38 hours per week or an average of 38 hours per week.

The Award sets out the way in which these can be arranged being:

• In a week of five days, working shifts of up to 8 hours each
• 76 hours over a fortnight, usually worked as 10 shifts of up to 8 hours
• 152 hours over 4 weeks, usually worked as 19 shifts of up to 8 hours

The Award also sets out rules relating to breaks, rest breaks between rostered work and broken shifts.

Longer ordinary shifts by agreement

The SCHADS Award allows ordinary shifts to be worked over a longer period by agreement between the employer and employee. In many circumstances, ordinary hours can be worked in shifts of up to 10 hours, rather than the standard 8 hours.

For example, an employee may work four 9.5-hour shifts per week, totalling 38 ordinary hours. Provided the arrangement complies with the Award, these additional hours do not attract overtime simply because the shift exceeds 8 hours. Overtime will only apply where the employee works beyond their agreed ordinary hours or otherwise becomes entitled to overtime under the Award.

Sleepovers

Sleepovers are common in disability support and residential care settings. A sleepover occurs when an employee is required to sleep at their client's home or a group home.

A sleepover is not the same as performing active work. Where an employee is required to perform duties during the sleepover period, additional payments may apply for the time spent working. Because sleepover arrangements have specific requirements regarding allowances, hours of work and payments for work performed during the sleepover period, employers should ensure these arrangements are implemented in accordance with the Award.

Up to 12-hour shifts involving sleepovers

Where an employee performs work before and after a sleepover shift, the ordinary hours can be worked in shifts of up to 12 hours by agreement.

For example:

• Employee works 4 hours
• Has an approved sleepover period
• Then works another 8 hours

This could be treated as a single ordinary shift of up to 12 hours.

The Award provides that:

• A maximum of 8 ordinary working hours can be worked before the sleepover**
• A maximum of 8 ordinary working hours can be worked after the sleepover**

This means that a maximum of 8 ordinary working hours can be worked either before or after the shift, not during the same shift.

Allowances

In addition to their base rate of pay, SCHADS-covered employees may be entitled to a range of allowances depending on the work they perform and the circumstances in which it is performed.

Allowances are designed to compensate employees for specific work-related expenses, responsibilities or working conditions. Common allowances under the SCHADS Award include:

• Sleepover allowances
• First Aid allowances
• Meal allowances
• Remote work or vehicle-related allowances

Employers should assess the employee's duties and working arrangements to determine whether an allowance applies.

Shiftwork

The SCHADS Award recognises that many social, community and disability services operate outside standard business hours. As a result, employees may be required to work afternoon, evening, night, weekend or public holiday shifts.

Where work is performed at certain times, employees may be entitled to penalty rates in addition to their ordinary rate of pay.

The applicable penalty will depend on factors such as:

• The day the work is performed
• The time the shift starts and finishes
• Whether the employee is a shiftworker under the Award
• Whether the work is performed on a weekend or public holiday

Because different penalties can apply depending on the circumstances, employers should carefully assess when work is performed to ensure employees receive the correct entitlement.

Conclusion

The SCHADS Award is a complex modern award that extends beyond pay rates and classifications. Employers must also consider a range of provisions relating to allowances, shiftwork, sleepovers, breaks, rostering, hours of work and more. Understanding how these requirements apply in practice can help employers ensure employees receive their correct entitlements and reduce the risk of underpayment and other compliance issues.

This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.