The two audit fronts: Fair Work and the NDIS Commission
Care providers face two different auditors asking overlapping questions. The Fair Work Ombudsman investigates underpayment — inspectors request 12–24 months of time-and-wages records and recompute pay against the SCHADS Award clause by clause, with the burden of proof on the employer (records must be kept for 7 years). The NDIS Quality and Safeguards Commission audits against the Practice Standards at registration and renewal — and its auditors increasingly test payroll evidence too, because worker conditions sit inside the standards. Non-conformances there put your registration at risk, not just your bank balance.
The preparation is the same for both: demonstrate that every worker is classified correctly, paid correctly for what they actually worked, and that you can prove it from records. How investigations start — complaints, data-matching, union referrals, industry sweeps — is covered in our companion piece on how SCHADS non-compliance triggers a Fair Work audit.
HR records auditors check first
Payroll findings usually trace back to HR paperwork, so auditors start upstream:
- Signed employment contracts — stating employment type, classification and stream. Unsigned or missing contracts turn every downstream question into a dispute you lose by default.
- Classification and pay point documentation — the evidence for why each worker sits at their level: position description, qualifications, and pay-point anniversary tracking. Under the award's classification definitions, duties decide the level — a support worker doing unsupervised complex care on a Level 2 rate is the classic finding.
- Employment type validation — part-timers need an agreed regular pattern of work in writing (clause 10.3); "casuals" working a firm regular roster invite casual-conversion and misclassification findings.
- Right-to-work evidence (VEVO checks), NDIS worker screening and mandatory qualifications — the NDIS Commission checks these before it looks at a payslip.
- Fair Work Information Statement (and the Casual Employment Information Statement for casuals) — provably issued.
The payroll evidence you'll be asked to produce
Have these exportable per employee, per period, before anyone asks:
- Pay run registers with every pay category itemised — ordinary hours, each penalty, each allowance as its own line. A single blended rate is unauditable, and auditors treat unauditable as underpaid.
- Timesheets with actual clock times — start, finish, and every break. Rostered hours are not evidence of hours worked.
- Roster vs actual comparison — this is where cancelled-shift payments (clause 25.5(f)), roster-change notice and minimum payments get tested.
- Allowance calculation records — kilometres claimed per shift, sleepover disturbance logs, broken-shift agreements for 2-break shifts (clause 25.6(b) requires agreement before each occasion unless it's in the agreed pattern).
- Leave accruals and payments — including the 17.5% leave loading.
- Superannuation and STP reconciliation — contributions matching OTE per pay run, STP year-to-date tying out to the payroll register.
The six SCHADS interpretation traps that produce findings
Most audit findings aren't data-entry errors — they're systematic misreadings of the award, repeated every pay run. From the timesheet audits we run for providers, these six dominate (figures current from 1 July 2026):
- Minimum payments (clause 10.5) — part-time and casual employees must be paid at least 3 hours per engagement for SACS work (except disability) and 2 hours for everyone else — per portion of a broken shift. Short community visits paid as worked are the single most common finding.
- Overtime thresholds by stream (clause 28.1) — disability/home care full-timers get time and a half for the first 2 hours; SACS and crisis accommodation for the first 3 hours. Part-timers and casuals trigger overtime past 38 hours/week or 10 hours/day. One flat rule for all streams is guaranteed to be wrong for someone.
- Whole-shift loadings (clause 29.3) — a shift finishing after 8pm carries the 12.5% afternoon loading on the whole shift, not just the evening portion. Paying the loading only on post-8pm hours is a per-shift underpayment that compounds across a workforce.
- Broken shifts (clause 25.6) — the allowance is $21.81 (1 break) or $28.87 (2 breaks, agreement required), the whole shift must fit a 12-hour span (double time beyond it), and a meal break doesn't make a shift broken. Auditors look for the allowance and the agreement evidence.
- Sleepovers (clause 25.7) — including the 1 June 2026 changes — $62.87 per night, plus overtime with a 1-hour minimum every time the worker is woken (disturbance logs are the evidence). Since 1 June 2026, work before and after a sleepover is one shift for rest-break purposes, with shift loadings assessed separately per portion — payroll configured on the old rules now produces wrong answers. Details in our June 2026 sleepover changes guide.
- Vehicle allowance and travel time — $1.01/km for own-vehicle use between clients, and the travel time itself is paid work time. Paying kilometres but not the minutes is a finding.
Run a self-audit before they do: five steps
Auditing yourself first converts a potential enforcement outcome into a manageable remediation. The method:
- Sample — pick one complete pay period, plus the workers with the messiest patterns: broken shifts, sleepovers, weekend-heavy rosters, casuals near 38 hours.
- Recompute independently — from raw timesheets (actual clock times), recalculate what each worker should have been paid under the current rates — every penalty, loading, allowance and minimum payment. Don't recompute from your payroll system's own categories; that only re-tests its configuration against itself. Our free SCHADS pay calculator and rate tables give you the current figures.
- Compare and classify — for each gap, identify whether it's a one-off error or a systematic rule (a misconfigured pay category repeats every pay run — multiply the finding across periods and staff to size the exposure).
- Remediate — back-pay identified underpayments promptly and fix the rule that caused them. Fair Work treats self-identified, self-corrected underpayment very differently from underpayment it discovers.
- Document — keep the workings. A documented self-audit is itself audit evidence of a functioning compliance system, and NDIS auditors ask about exactly that.
The SCHADS audit pack checklist
Assemble this once, keep it current, and an audit notification becomes an export job instead of a crisis:
- ☐ Signed contracts for every current worker (type, stream, classification)
- ☐ Classification rationale + pay-point anniversary register
- ☐ Part-time agreed patterns of work; casual rosters and CEIS issue records
- ☐ VEVO checks, NDIS worker screening, qualification evidence
- ☐ 24 months of pay run registers with itemised pay categories
- ☐ 24 months of timesheets with actual clock times and breaks
- ☐ Roster vs actual reports; cancelled-shift payment records
- ☐ Broken-shift agreements (2-break shifts); sleepover disturbance logs
- ☐ Kilometre claims and travel-time payment records
- ☐ Leave accrual and payment reports (incl. 17.5% loading)
- ☐ Super contribution and STP reconciliation reports
- ☐ Current rate configuration vs the FWO Pay Guide (re-checked every 1 July — and mid-year: the June 2026 sleepover determination landed outside the annual cycle)
- ☐ Most recent self-audit workings and remediation records
If the self-audit finds underpayments
Don't sit on them. Quantify the full historical exposure (the same misconfiguration usually applies to every affected pay run, up to the 6-year limitation period), back-pay with interest where appropriate, tell affected staff plainly what happened, and fix the root cause before the next pay run. Penalties under the Fair Work Act apply per contravention and scale to ten times higher for serious contraventions — but enforcement outcomes consistently distinguish providers who found and fixed their own problems from those who waited to be caught.
Make the audit pack a by-product, not a project
Everything above is painful exactly once — when it's reconstructed retrospectively under a deadline. Providers who validate every timesheet against the award at pay time already hold the evidence an auditor wants: itemised calculations, flagged-and-fixed exceptions, and a record of the rule applied to every line. CrossVault's Timesheet Validator does that automatically — it checks each shift against the SCHADS rules that auditors test (minimum payments, broken shifts, sleepovers, stream-specific overtime, whole-shift loadings) and prices any gap it finds, so your self-audit runs every pay cycle instead of once a year.