Join us for our latest webinar with Stewart Brown, where we break down a recent court ruling from March 2026 – Fair Work Ombudsman v Jats Joint Pty Ltd [2026] FCAFC 25 – that affects how sleepover shifts work under the SCHADS Award – and what it means for your organisation.
The short version: sleepovers are now officially their own thing. They’re not a night shift, and they’re not part of the work hours either side of them. That changes how you need to structure and pay these shifts going forward.
When: Tuesday, 28 April | 12PM AEST | Zoom
What you’ll take away:
- Why the 15% night shift loading no longer applies to sleepovers. The sleepover itself isn’t counted as “work,” so the penalty rate doesn’t apply to it.
- Why before and after work are now treated as two separate shifts. You can’t count everything as one continuous shift anymore — the hours before the sleepover and the hours after it are separate.
- What you’re required to pay for the sleepover itself. A fixed allowance of 4.9% of the standard rate applies per night.
- What happens if a worker is woken up. Any time spent working during the sleepover is paid at overtime rates, with at least 1 hour paid regardless of how long the task takes.
- Why you don’t need to revisit past pay runs. This ruling only applies from here on out — it’s not backdated.
