Mastering Overtime in SCHADS: Rates, TOIL, and Rest Periods

Overtime isn't just about working more than 38 hours. In the Social, Community, Home Care and Disability Services (SCHADS) Award, overtime is triggered by multiple factors, including total daily hours, shift spans, and specific sector classifications.

When is Overtime Triggered?

Under Clause 28.1, overtime applies when an employee works:

• More than 38 hours per week (or an average of 38 over their roster cycle).
• More than 10 hours in a single day (Clause 28.1(b)(ii)).
• Outside the agreed span of hours (for day workers).
• During a meal break (Clause 27.1).

Overtime Rates: A Sector Split

It is critical to identify which sector your employees fall into, as the calculation of the "1.5x" vs "2x" trigger differs:

1. Disability Services, Home Care, and Day Care

• Mon-Sat: Time and a half (1.5x) for the first 2 hours, then Double time (2x).

2. Social & Community Services (SACS) and Crisis Accommodation

• Mon-Sat: Time and a half (1.5x) for the first 3 hours, then Double time (2x).

3. Weekend & Public Holidays (All Sectors)

• Sunday: Double time (2x) for all hours.
• Public Holidays: Double time and a half (2.5x).

The 10-Hour Rest Rule

Compliance with Clause 28.3 is vital for health and safety as well as payroll.

Employees must have at least 10 consecutive hours off duty between shifts. If they work so much overtime that they don't get this break, they must be "released" until they've had 10 hours off, without loss of pay for their next shift.

TOIL (Time Off Instead of Payment)

Clause 28.2 allows for TOIL, but it must be:

1. Agreed upon in writing for each instance of overtime.
2. Taken on a "hour for hour" basis (e.g., 2 hours overtime = 2 hours off).
3. Taken within 3 months of the work being performed.

Remote Work & Overtime

With the rise of on-call and remote support, Clause 28.1(aa) (introduced in 2022) sets minimum payments for work performed remotely (e.g., answering a call from home). Even if the call takes 5 minutes, specific minimums (often 15-30 mins depending on the time) apply and count towards overtime if thresholds are met.