Clarification on Inactive Sleep Hours & 48-Hour Fortnight Work Limit

(Newbie)Newbie

11 Mar 2025

Dear ATO Community,

We are an employer in the disability support sector and would like clarification on whether inactive sleep hours (during sleepover shifts) count toward the 48-hour fortnight work limit for student visa holders.

Our employees, including student visa holders, work sleepover shifts where they are permitted to sleep unless the client requires assistance. These sleepover hours are paid at a flat rate, separate from active working hours.

Before allocating shifts to student workers, we need to confirm if these inactive sleep hours are included in their total work hours under the 48-hour fortnight limit.

We would appreciate any guidance on this matter.

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PayrollDeanne

(Taxicorn)Taxicorn

11 Mar 2025

Hiya @AdvanceKare 👋

The issue of what activities performed by employees under a Modern Award are "hours worked" is a matter for the Fair Work Ombudsman. When you check the Immigration VEVO for the conditions of work, however it describes the limits will be paramount when checking the Award to ensure you've complied.

For example, if you are talking about MA000100 SCHADS Award 2010, Clause 25.7 Sleepover Allowance, the FWO has clarified that it is about convenience of the location of the sleeping worker. To sleep in the client location instead of at home, the employee receives a penalty but is not paid for the hours of sleeping (not the ordinary hours of work). They are paid if their sleep is interrupted to work, whereby they are paid overtime.

Whilst the overtime is "work", sleeping at the clients residence is not.

Deanne