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The Australian Services Union (ASU) claims that employers are pushing for horrendous overtime pay conditions for disability workers who partake in sleepover care.
This week, the Fair Work Commission heard a case presented by the Australian Industry Group (Ai Group), which seeks to make sleepovers at workplaces classified as breaks between work rather than as part of the continuous shift with the ordinary hours worked before and/or after.
A sleepover shift is when a worker sleeps at the same location as their client for eight hours but is required to provide care throughout the night if needed.
According to the ASU, this means that employers are attempting to make it lawful for community and disability support workers to be at work for up to 28 hours without overtime pay. It’s a case that the ASU has labelled as “reckless, arrogant and unjust”.
“The business lobby is hellbent on making sleepover shifts a nightmare for community and disability support workers,” said ASU NSW & ACT secretary Angus McFarland.
“It’s outrageous that employers are attempting to drag the pay and conditions of dedicated sleepover care workers backwards. Workers could face a period of 28 hours away from home, without proper rest, breaks, or penalty rates.
“Community and disability support workers who stay overnight at their workplaces receive overtime pay if they work more than 10 hours before or after their sleepover, but the big business lobby wants to double the hours required before overtime applies. Effectively, employers want workers to be on shift for more than a whole day for less pay.
“Sleepover shifts are essential to support the members of our community who may need assistance anytime during the night, including people with disabilities, victims of domestic violence, and children in out-of-home care.”
The rather callous case brought forward by the Ai Group asserts that the time for which the worker is sleeping is technically a break, as they are resting and not working. Realistically, however, regardless of their rest period, they are expected to arise for various situations that may occur throughout the night to care for their participant, as McFarland said.
“Sleepover shifts aren’t ‘breaks.’ Workers are away from their families, confined to their workplace, and struggle to get a restful night’s sleep. They cannot leave freely and are frequently woken up at all hours to support clients in need.
“It’s fair and reasonable that sleepover shifts are not currently considered a break between rostered periods – big business’s attempt to change this devalues workers and disregards their rights,” said McFarland.
McFarland fears that this could set a dangerous precedent moving forward for an industry that already struggles with employee fatigue.
“Ai Group is setting a dangerous precedent for worker and client safety. Doubling a worker’s hours without decent remuneration and a real restful break is not only deeply unfair, it’s negligent. Workers are already feeling burnt out and fatigued, never mind when they have to work longer hours for less pay,” said McFarland.
“This will jeopardise the safety, wellbeing and quality of care provided to clients. A fatigued, overworked workforce is more likely to make mistakes and not be fully present for the people who rely on their full attention and care.”
The industry as a whole also struggles with employee turnover, which McFarland believes will only be exacerbated if pay conditions deteriorate.
“The sector already experiences a high turnover of staff, and changes to deteriorate pay and conditions will only exacerbate it. An attempt to extend hours in the name of continuity of care for clients means nothing if more staff leave the sector as a result,” said McFarland.
“Ai Group’s attempt to have their backward rules applied retrospectively is arrogant and self-serving that could lead to employers seeking to recover payments from employees.
“Big business needs to wake up and withdraw their attack on our award. Sleepover shifts need to be fixed, not taken backwards.”
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Disability is a persistent condition that limits an employee's capacity to carry out routine tasks. It refers to anything permanent or likely to be permanent, may be chronic or episodic, is attributable to intellectual, mental, or physical impairment, and is likely to require continuous support services.
Kace O'Neill
Kace O'Neill is a Graduate Journalist for HR Leader. Kace studied Media Communications and Maori studies at the University of Otago, he has a passion for sports and storytelling.
