Crisis Accommodation Employee Rates
Crisis Accommodation employees work the 24/7 rosters of refuges and shelters, where sleepovers (cl.25.7) and rest-break rules (cl.25.4) come into play frequently; their classifications and rates sit in cl.15 / Schedule C. SIL workers typically fall under either the Social and Community Services (SACS) stream or the Crisis Accommodation stream depending on the nature of the accommodation — so getting the stream classification right is the first compliance decision.
Quick Facts
- Classifications
- Typically SACS Level 3 or 4
- Sleepovers
- Very common requirement
- Penalties
- Standard shift penalties apply
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24 Hour Care Shifts
"24 Hour Care" shifts (cl.25.8) apply to **home care employees by agreement** — not to SACS or Crisis Accommodation staff — where the employee is available for duty across a 24-hour period and is afforded a continuous 8-hour sleep. Under cl.25.8(d) a 24-hour care shift is paid as 8 hours' work at 155% of the ordinary rate (a distinct regime from the cl.25.7 sleepover allowance — the two are not combined). Crisis accommodation rosters more commonly use ordinary sleepovers under cl.25.7. This is a complex area of the Award.
24-Hour Care: The Three Hard Rules (Clause 25.8)
Clause 25.8 sets out three constraints on any 24-hour care shift:
- 8-hour direct care cap (M1): during the 24-hour period the employee is required to provide up to 8 hours of direct care. Recorded direct-care hours must not exceed 8h. If they do, the excess must be paid at the prescribed overtime rate under cl.28.1.
- 8-hour continuous sleep (M2): the employee is entitled to a continuous 8-hour sleep period during the shift. If the timesheet records work performed within a window that should be the 8h sleep block, that's a breach of cl.25.8.
- Agreement requirement (M3): 24-hour care shifts can only be worked by **home care employees by agreement**. They are not available for SACS/SIL streams unless a home-care service indicator is present. This part of the rule cannot be auto-verified from timesheet data — it requires a documented agreement on file.
Consecutive Sleepovers and Fatigue Management
Workers in crisis accommodation and SIL houses sometimes do multiple consecutive sleepovers — for example a 3-night block. Each sleepover attracts its own allowance under cl.25.7(d). If the worker is called to duty under cl.25.7(e) on each night, each night's disturbance is paid separately at the prescribed overtime rate with a one-hour minimum per disturbance.
Providers need to be careful about fatigue management obligations under WHS law when rostering consecutive sleepovers, especially if the worker is also doing day shifts before or after the sleepover block. The SCHADS rest-break rules (cl.25.4) still apply — there must be at least 10 hours off duty between the end of one shift and the start of the next, with cl.25.4(b) allowing a reduced 8-hour break by agreement when one of the shifts is contiguous with the start or end of a sleepover.
Providers need to be careful about fatigue management obligations under WHS law when rostering consecutive sleepovers, especially if the worker is also doing day shifts before or after the sleepover block. The SCHADS rest-break rules (cl.25.4) still apply — there must be at least 10 hours off duty between the end of one shift and the start of the next, with cl.25.4(b) allowing a reduced 8-hour break by agreement when one of the shifts is contiguous with the start or end of a sleepover.
Sleepover Rules in Crisis Settings
Under clause 25.7, a sleepover means the employer requires an employee to sleep overnight at the workplace and be available to work if needed. The employee is paid a flat sleepover allowance for the period (cl.25.7(d) — 4.9% of the standard rate per night, $62.87 per night from 1 July 2026), not an hourly rate. The employer must provide a bed and bedding, access to bathroom and kitchen facilities, and a reasonable level of comfort.
If the worker is required to perform work during the sleepover (cl.25.7(e)), they must be paid at the prescribed overtime rate for the time worked, with a minimum payment as for one hour; where the work exceeds one hour it is paid for the actual duration. The overtime rate itself varies by day under cl.28.1 — double time on Sundays, double time and a half on public holidays.
Adjacency under cl.25.7(f): the employer must roster or pay at least 4 hours' work for at least one of the periods immediately before or after the sleepover — only one side needs to reach 4 hours, not both. The employee must be paid for at least 4 hours on that adjacent shift even if they actually work less.
If the worker is required to perform work during the sleepover (cl.25.7(e)), they must be paid at the prescribed overtime rate for the time worked, with a minimum payment as for one hour; where the work exceeds one hour it is paid for the actual duration. The overtime rate itself varies by day under cl.28.1 — double time on Sundays, double time and a half on public holidays.
Adjacency under cl.25.7(f): the employer must roster or pay at least 4 hours' work for at least one of the periods immediately before or after the sleepover — only one side needs to reach 4 hours, not both. The employee must be paid for at least 4 hours on that adjacent shift even if they actually work less.
Record-Keeping in Crisis Accommodation
Fair Work requires employers to keep accurate records of sleepover start and end times, any periods where the worker was called to duty (start time, end time, and nature of work), and the total payment for the sleepover including any call-to-duty payments. If you can't produce these records during an audit, Fair Work applies the reverse onus — they assume the employee's version of events.
For 24-hour care shifts the record-keeping bar is higher still. You need to evidence the 8-hour continuous sleep period, the direct-care hours used inside the 8-hour cap, any OT hours paid for excess direct care, and the underlying employee agreement that makes the 24-hour care arrangement available in the first place. Without those records the shift is indefensible if audited.
For 24-hour care shifts the record-keeping bar is higher still. You need to evidence the 8-hour continuous sleep period, the direct-care hours used inside the 8-hour cap, any OT hours paid for excess direct care, and the underlying employee agreement that makes the 24-hour care arrangement available in the first place. Without those records the shift is indefensible if audited.
Common Questions
Frequently Asked Questions
- Are rates higher for crisis work?
- The base hourly rates are the same as the SACS stream, but the nature of the roster (nights/weekends) often results in higher take-home pay.
- Who can work a 24-hour care shift?
- Under cl.25.8, 24-hour care shifts can only be worked by home care employees by agreement. SACS and SIL stream workers are not eligible for this arrangement unless a home-care service indicator applies.
- What happens if a worker provides more than 8 hours of direct care in a 24-hour care shift?
- The excess hours beyond the 8-hour direct-care cap must be paid at the prescribed overtime rate under cl.28.1. The 24-hour care arrangement does not absorb additional active hours — they fall back to standard overtime treatment.
- Does each consecutive sleepover attract its own allowance?
- Yes. Each sleepover attracts its own cl.25.7(d) allowance. If the worker is called to duty on each night, each night's disturbance is paid separately at the applicable rate with a one-hour minimum.
- What is the minimum rest break between shifts under SCHADS?
- Ten hours under cl.25.4(a). Cl.25.4(b) allows a reduced 8-hour break by agreement where one of the shifts is contiguous with the start or end of a sleepover.
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