For many care providers, the "broken shift" is an operational necessity. However, from a payroll and compliance perspective, it is one of the most complex areas of the Social, Community, Home Care and Disability Services Industry Award (SCHADS).
Mistakes in calculating broken shift allowances or violating the maximum span of hours can lead to significant underpayment risks. This guide breaks down the essential rules found in the award.
What is a Broken Shift?
As defined in Clause 25.6, a broken shift is a shift that consists of two or three separate periods of work in a single day (excluding meal breaks).
Critical Update: Since July 2022, strict limits apply to how many "breaks" a shift can have.
The Rules: 1 vs. 2 Breaks
- One Unpaid Break: An employer can roster an employee for a broken shift with one unpaid break (Clause 25.6(a)).
- Two Unpaid Breaks: A broken shift with two unpaid breaks can only be worked by agreement between the employer and employee (Clause 25.6(b)).
Broken Shift Allowances
Employees are compensated for the inconvenience of a split shift via specific allowances (Clause 20.12):
| Shift Type | Allowance (% of Std Rate) |
|---|---|
| 1 Unpaid Break | 1.7% per shift |
| 2 Unpaid Breaks | 2.25% per shift |
Minimum Payment Requirements
You cannot have a "15-minute" part of a broken shift. Clause 10.5 mandates minimum payments for each period of work:
- Social and Community Services (Non-Disability): 3 hours per period.
- All Other Employees: 2 hours per period.
Example: If a home care worker works 7am-9am and 4pm-6pm, they must be paid at least 2 hours for each "half," even if the work takes less time.
The 12-Hour "Hard Cap"
According to Clause 25.6(f), the total span of a broken shift (from the start of the first part to the end of the last part) is capped at 12 hours.
Penalty: All work performed beyond a 12-hour span must be paid at double time.
Success Strategies for Providers
To maintain compliance, providers should:
- Automated Validation: Use tools like CrossVault to flag shifts that exceed the 12-hour span.
- Written Agreements: Ensure any 2-break shifts have a documented agreement on file.
- Rest Periods: Remember the mandatory 10-hour break between shifts (Clause 25.6(g)).
References
[1] Social, Community, Home Care and Disability Services Industry Award 2010 [MA000100], Clauses 10.5, 20.12, 25.6.