On 24 December 2025, the Fair Work Commission (FWC) issued a decision concerning proposals by Australian Industry Group and various unions to vary the Social, Community, Home Care and Disability Services Industry Award 2010 (Award) in relation to sleepovers. Specifically, the proceedings concerned the treatment and payment of work performed immediately before and after sleepovers.

In its decision, the FWC accepted many of our arguments, including that the Award is ambiguous and uncertain as to how employees are to be paid where they perform work immediately before and / or after a sleepover, as well as the need for employers to have a capacity to roster ordinary hours of work for an employee both before and after a sleepover. The FWC has decided to vary the Award to address that ambiguity and uncertainty.

In this advice, we detail the context of the case we advanced, the FWC's decision and the variations it proposes to make.