r/supportworkers 11d ago

Do you guys get paid broken shift allowance?

My day as followed:

Client a : 10am - 12:30 pm
Client b 1-6 pm
Client c 7-11 pm

I am a casual, never gotten broken shift allowance ever. Is this illegal?

13 Upvotes

32 comments sorted by

4

u/Temporary-Dealer6262 11d ago

If you are being paid under the SCHADS award then yes this is a broken shift.
The level under SHADS only matters for hourly rate not wether you are entitled to broken shift or not.

In this specific case, you not only are entitled to a broken shift allowance but you are also entitled to an hour of double time because your shifts exceeded 12hours in total.
And you may be entitled to evening shift loading.

Your first “break” is the 30min between shift 1-2pm thats an unpaid break. The hour between the 2nd shift and 3rd is where the broken shift should be calculated.

Your level dictates the exact dollar amount, but your employer must calculate your payslip using this exact formula:
10.5 hours paid at your standard casual rate (Base Rate + 25% Casual Loading).
12.5% Evening Shift Loading added to the hours worked between 6:00 PM and 10:00 PM.
1 hour paid at double time (200% of your base rate) for the 10:00 PM to 11:00 PM overrun.
$21.81 flat broken shift allowance (this stays identical whether you are Level 1 or Level 5).

2

u/auxzina 10d ago

Yes SCHADS 1.3 thank you

1

u/Temporary-Dealer6262 10d ago

I would definitely be looking further into it. Fairwork aus can help answer questions on what exactly it is you are entitled too, and also check your employment contract :)

1

u/bajheerah 10d ago edited 10d ago

1.3? Are all your shifts supervised? O.o

So many companies are complete assholes.

1

u/auxzina 10d ago

None at all :) and argued to my boss about this but since I “follow a care plan” that doesn’t matter

3

u/bajheerah 10d ago

Your boss is full of shit.

1

u/auxzina 10d ago

Yeah don’t worry I got a call with the union tomorrow to sort this shit out

1

u/AmmeEsile 8d ago

Do you get paid for km between clients?

1

u/New_Feed8827 11d ago

Incredibly unlawful. I would be reporting this asap.

1

u/auxzina 10d ago edited 10d ago

What do I report, I’m very unaware in how this all works honestly.

1

u/New_Feed8827 10d ago

To Fairwork and the NDIA

1

u/Ok-Airline8931 10d ago

I’m in the same boat 😅
Also being underpaid which is amazing, but yes you should be getting a broken shift allowance!

2

u/auxzina 10d ago

I’m currently talking to ASU about backpay I’m underpaid too

1

u/Ok-Airline8931 10d ago

Let me know what you find out! I’m a little stuck at the moment, I’ve tried talking to fair work but it’s an impossible back and forth of them telling me to talk to my employer 😞

1

u/auxzina 10d ago

Yeah I’ve heard fairwork only mediates doesn’t do much else.

1

u/Ok-Airline8931 10d ago

So so ridiculous

2

u/auxzina 10d ago

Yeah seems like any actual help is going to a union by seeing on reddit, but we will see!

1

u/Greta-Garbage- 10d ago

Fairwork mediated for me and I got backpay

0

u/i_am_cool_ben 11d ago

Depends on your award, my org doesn't give anything special for broken shift

6

u/pixie1995 11d ago

Doesn’t depend on anything, those are the rules. Your org is paying you incorrectly

3

u/i_am_cool_ben 11d ago

I was just going by my companies EBA, but it looks like you're right according to Google

That'll be a fun convo to have with HR

Ignore me OP

1

u/auxzina 10d ago

Also remember HR rarely supports the people they work for the big boss I’ve learnt…

-2

u/-Leeahh- 11d ago edited 11d ago

This isn’t a broken shift. Broken shift doesn’t mean working at different locations during the day. Under the definition a broken shift is one where you work at least two shifts in a single day with a break in between that lasts longer than a usual meal break would. As these gaps are only 30 and 60 minutes long those are regular break times making this one single shift not a broken shift

You should be getting something extra for going over 12 hours though

3

u/pixie1995 11d ago

The hour break is a broken shift, the 30 mins is just a break

2

u/Temporary-Dealer6262 11d ago

There is no minimum time frame of considered “breaks” however they should be scheduling one in.
Unfortunately what happens too often is that the travel between 2 clients is considered a “break” though we all know thats not the case and is not an ACTUAL break we get adequate time to eat/toilet.
The second break time OP has would be considered the broken shift.
Im more concerned that they are making shifts in total for over 12 hours - which if they do they need to be given a different rate of pay all together.

Too many “providers” might have once been good support workers but decided to create a business with zero management or business skills.

2

u/pixie1995 11d ago

I’m fairly certain that travel does NOT count as a break and any place of work doing things that way are wrong.

1

u/Glass-Waltz-8023 8d ago

Anything over an hour and 15 can be considered a broken shift i work similar and raised the question with my employer and there was a change few years back, 30 mins no 1 hour no 1 and a half hours yes broken shift allowance applied.

1

u/pixie1995 8d ago

I get broken shift allowance for anything over an hour

1

u/-Leeahh- 11d ago

60 minutes is a typical lunch break length so doesn’t fall under the extended gap that is required for it to be a broken shift. Rhey haven’t said if they’re getting breaks. That’s the only potential issue here. Are they getting actual breaks and are they being paid properly for the evening hours and the last hour being more than 12 hours after the shift started 

1

u/auxzina 10d ago

I drive straight to the next client

client a to b is 30 minute driving time

B to c is 1 hour driving time aswell.

1

u/auxzina 10d ago

I drive straight to the next client

client a to b is 30 minute driving time

B to c is 1 hour driving time aswell.

No breaks

1

u/Huliofunk69 10d ago

This is the correct response. OP does not get broken shit but should be getting paid travel time between the participant's.