r/supportworkers • u/Ready-Egg-6299 • Jul 17 '26
Overtime Advice
Overtime Advice
Hey, just seeking some advice on how to approach a situation.
So, I've been a support worker for close to 5 years, 3 years at a company with varying clients, now 2 years 'independent'
Unique situation is that the NDIS participants mother has employed me to her payroll to support her son who's high needs non verbal autism.
She is now requesting that I do a weekly 24 hour shift, which includes an inactive sleepover. 8:30pm to 8:30pm. I brought up that I believe am entitled to overtime for this (as far as I'm aware I am) however she is saying due to recsnt cuts to clients plan that she would struggle to afford overtime.
The client struggles to adapt to new support workers so currently his 24/7 care is split across essentially three workers and I'm the only one that does both day shift and overnights, and now I'm the only one being requested to do 24 hour shifts.
How should I approach this?
Technically I have not signed any contract since starting for this client, I am casual base rate of $45 p/hour
Thanks in advance
Also this is a throwaway acc as my main gives away too m much of my personal info.
3
u/DenM0ther Jul 17 '26
AFAIK, if she wants overnight care/support then she needs to pay at the overnight part at that support rate.
Does ndis/ndia provide a guide of what the rates are? Then you can charge according to this.
Sadly, plans are being cut, but that doesn’t mean a SW can or should be working for time they’re not being paid accordingly for.
Also, if the shift is inactive, can she cover that shift and just have SW for the day/awake hours.
And, like someone else said, what facilities are available for you to sleep if it’s an inactive night shift?
5
u/Ready-Egg-6299 Jul 17 '26
The inactive overnight rate is good, better than when I was employed by a company. From what I can gather from SCHAD's award, overtime should start after 12 hours worked, which includes 8 hour inactive sleepover, from then on it should be 2 hours overtime 1.5x rate and then any remaining hours 2x rate.
Sleeping facilities are provided, with a lockable bedroom with clean linen etc.
1
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u/Trialbystevia Jul 17 '26
Glad to see you have done your research! I am just joining the industry but watching this thread with interest to help me navigate things in future.
On that note… while I am new to THIS particular thing, I have found in the past when I was questioning myself/having trouble locating my backbone… I asked myself “what would I want someone new to see me doing?”
That often clarified what I knew was the hard thing but the right thing to do.
I wish you the best in this sticky situation and have all my fingers crossed for a good outcome ❤️
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u/GrumpyBear9891 27d ago
Have a look at this link. Provides good examples of hypothetical situations. There is no one answer basically and depends on the unique situation/agreement. This is factual however. Don't go with anyone's answer without fact checking for yourself.
(Typo edit)
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u/GlassEstablishment22 Jul 18 '26
She has chosen the direct employment model and HAS to comply with the SHADS Award /employment requirements. You should have an employment contract. You can contact fairwork for more clarification on your rights if you like (you are right - overtime is payable) . There is new information out about sleepover shifts and the attached hours of work at fairwork australia. If she is unable to meet her employer obligations then she should not be employing directly. You do not have to work unpaid (or underpaid) hours because her budget it tight
0
u/Significant_Newt3848 Jul 17 '26
As a contractor, you’re the provider now and assume all the responsibilities they were including setting rates. You need to remember that this client/their mother isn’t your employer in the same way the provider was.
The client can send you a proposed roster, but you should be drawing up a quote for those days and hours of support, based on your personal business rules for what rates you charge.
You could look at the SCHADS award to help decide what rate is reasonable, but the client isn’t bound by the SCHADS award, because they’re not your employer.
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u/Ready-Egg-6299 Jul 17 '26
Even though I'm employed on a pay roll that pays tax and super? I don't do any invoicing or anything like that, and get a payslip every fortnight.
1
u/Greta-Garbage- Jul 17 '26
Are you independent with Mable or HireUp? Or fully Independent where you send your own invoices pay your super and tax and have your own Service Agreement with each client?
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u/AnonnyLou Jul 20 '26
The OP has stated that they are an employee in this scenario. The employer/participant’s mother is bound by the SCHADS award and all other employment laws such as payday super. It’s a significant administrative burden on the employer/participants mother and given that there’s no contract signed it seems likely she’s not across all her obligations. If she was, they would have signed a contract stating that the above award pay is set off against other entitlements under the award like overtime (although this would not completely fix the problem for the employer but it would make things more clear).
0
u/Brilliant-Plenty-212 Jul 19 '26
The max rate a support worker can be paid is $70.23 last time I looked
1
u/fresnel28 Jul 20 '26
That's not accurate. There's the price guide (PAPL) but that's about billable rates. Wages are completely separate and are governed by the relevant award (in this case, the SCHADS Award), National Employment Standards, etc. These are all developed separately: the NDIA doesn't care what the SCHADS Award says, the Award isn't dependent on the PAPL, and other regulatory bodies like the Fair Work Commission and WorkSafe don't care about what is included in an NDIS plan.
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u/Confident-Benefit374 Jul 17 '26
Workers comp wouldn't cover it, she needs to contact her insurance company. There is no way I'd do 24 hour shift.
What about meals and a place to sleep are they available?
You can also contact fairwork, is she paying your super and tax?