What is a sleepover?
A sleepover is where an employee is required to be present at a client's home or residential facility overnight — but is not expected to be active. The worker is there to sleep, and to respond if something happens.
Under the SCHADS Award (Clause 25.7), a sleepover arrangement has these characteristics: the employee is provided with a suitable bed and reasonably private sleeping quarters; the employee is expected to sleep for the majority of the shift; the employee may be called on to perform work if needed, but that is not the primary purpose. A sleepover is a period of availability, not a period of continuous work.
What a sleepover pays
Sleepover allowance
$60.02 per night
Operative from 1 July 2025, Clause 25.7(d)
If the worker is called on to perform work during the sleepover, they must also be paid for that work — at overtime rates, with a minimum of one hour at the overtime rate (150% of base) even if the work only took a few minutes.
| Component | Amount |
|---|---|
| Sleepover allowance | $60.02 |
| Disturbance work (min. 1 hour at 150% × Level 2.3 base $36.75) | $55.13 |
| Total | $115.15 |
The worker is entitled to the full hour of overtime pay even if they only worked 25 minutes. The Award sets a minimum floor of one overtime hour for any disturbance.
What is an active night shift?
An active night shift is where the employee is expected to be awake and working throughout the night. There is no expectation of sleep. The worker is providing continuous or near-continuous support to clients.
This applies when:
- The client requires regular physical assistance, monitoring, or intervention throughout the night
- The nature of the support cannot reasonably be provided by someone who is asleep and on-call
- The employer's intention is that the worker is working, not resting
What an active night shift pays
For a shift finishing after midnight or starting before 6am on a weekday, the night shift penalty is 115% of the ordinary hourly rate (Clause 29.3).
| Component | Amount |
|---|---|
| Night shift rate — Level 2.3 ($36.75/hr) × 8 hrs | $338.10 |
If the shift spans Saturday/Sunday midnight, the Sunday rate (200%) applies to Sunday hours.
How to tell the difference
The key question is: what is the worker actually expected to do?
| Indicator | Sleepover | Active Night |
|---|---|---|
| Worker expected to sleep | Yes | No |
| Worker provided with a bed | Yes (required) | Typically no |
| On-call, responds if needed | Yes | N/A — continuously working |
| Client requires regular overnight intervention | No | Yes |
| Worker performing continuous monitoring | No | Yes |
| Worker providing physical care throughout the night | No | Yes |
The Fair Work Ombudsman's position is that the test is the nature of the work actually required — not what the roster says, not what the employer intends, and not what the funding package assumes.
Why this matters: Fair Work enforcement
The sleepover/active night distinction has been subject to sustained Fair Work Ombudsman attention. A number of disability providers have faced underpayment claims where workers were classified as sleepovers but were routinely called on to provide continuous support throughout the night.
The core problem is economic: a sleepover costs the employer roughly $60 flat. An 8-hour active night shift at penalty rates costs $300 or more. The risk is not just back-pay — where the FWO finds a pattern of misclassification, civil penalties can apply to the organisation and, in serious cases, to individuals.
Common mistake: the "just in case" sleepover
Classifying a shift as a sleepover when the client's care plan routinely involves overnight interventions is the most common error. If your progress notes or incident records show workers are regularly performing tasks during what you have classified as a sleepover, those shifts should be reviewed.
When a shift transitions from sleepover to active
A worker may start a shift as a sleepover and then be required to work continuously — for example, if a client has a difficult night and requires sustained support from 3am onwards. In this situation:
- The sleepover allowance covers the period where the worker was available to sleep
- The period of continuous active work should be paid at the full hourly rate plus applicable penalties
- The minimum one-hour overtime payment covers brief disturbances; longer active periods attract full hourly pay
Document the transition. A shift note recording the time the worker was called into active support — and what they did — protects both the worker and the organisation.