You’re offline. This is a read only version of the page.
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 9 April 2024 (PR771289).
Clause(s) affected by the most recent variation(s):
Table of Contents
[Varied by PR746868, PR747343, PR750445]
Part 1— Application and Operation of this Award
3. The National Employment Standards and this award
5. Individual flexibility arrangements
6. Requests for flexible working arrangements
Part 2— Types of Employment and Classifications
13. Ordinary hours of work and rostering
Part 5— Overtime and Penalty Rates
Part 6— Leave and Public Holidays
22. Personal/carer’s leave and compassionate leave
23. Parental leave and related entitlements
25. Family and domestic violence leave
Part 7— Consultation and Dispute Resolution
27. Consultation about major workplace change
28. Consultation about changes to rosters or hours of work
29. Consultation about change of contract
31. Dispute resolution procedure training leave
Part 8— Termination of Employment and Redundancy
Schedule A —Classification Definitions
Schedule B —Summary of Hourly Rates of Pay
Schedule C —Summary of Monetary Allowances
Schedule D —Supported Wage System
Schedule E —Agreement for Time Off Instead of Payment for Overtime
Part 1—Application and Operation of this Award
1. Title and commencement
1.1 This is the Cleaning Services Award 2020.
[Varied by PR733875, PR750445]
In this award:
Act means the Fair Work Act 2009 (Cth).
adult employee means an employee who is 21 years of age or over.
broken shift, see clause 17.2(a) (Broken shift allowance).
[Definition of casual employee inserted by PR733875 from 27Sep21]
casual employee has the meaning given by section 15A of the Act.
cleaning area means the area that the employer is contracted to clean, including internal areas, offices, toilets, kitchens and all other common or public areas but excluding car parks.
contract cleaning services industry, see clause 4.2.
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
employee means a national system employee as defined by section 13 of the Act.
employer means a national system employer as defined by section 14 of the Act.
event cleaning, see clause 4.3.
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
junior employee means an employee who is less than 21 years of age.
minimum hourly rate means the minimum hourly rate specified in column 3, in accordance with the employee classification specified in column 1, of Table 2—Minimum rates.
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
National Employment Standards, see Part 2-2 of the Act. Divisions 3 to 12 of Part 2-2 of the Act constitute the National Employment Standards. An extract of section 61 of the Act is reproduced below.
The National Employment Standards are minimum standards applying to employment of employees. The minimum standards relate to the following matters:
(a) maximum weekly hours (Division 3);
(b) requests for flexible working arrangements (Division 4);
[Paragraph (ba) inserted by PR733875 ppc 27Sep21]
(ba) offers and requests for casual conversion (Division 4A);
(c) parental leave and related entitlements (Division 5);
(d) annual leave (Division 6);
[Paragraph (e) varied by PR750445 ppc 15Mar23]
(e) personal/carer’s leave, compassionate leave and paid family and domestic violence leave (Division 7);
(f) community service leave (Division 8);
(g) long service leave (Division 9);
(h) public holidays (Division 10);
(i) notice of termination and redundancy pay (Division 11);
(j) Fair Work Information Statement (Division 12).
on-hire means the on-hire of an employee by their employer to a client, where the employee works under the general guidance and instruction of the client or a representative of the client.
standard rate means the minimum weekly rate for a Cleaning Services Employee Level 1 in Table 2—Minimum rates.
State reference public sector modern award has the meaning given by subitem 3(2) of Schedule 6A to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth).
State reference public sector transitional award has the meaning given by subitem 2(1) of Schedule 6A to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth).
Table 1—Facilitative provisions means the Table in clause 7.2.
Table 2—Minimum rates means the Table in clause 15.1.
Table 3—Junior rates (employees of shopping trolley collection contractors) means the Table in clause 15.2.
Table 4—Leading hand allowance means the Table in clause 17.7.
Table 5—Overtime rates means the Table in clause 19.3.
Table 6—Rates and hours of pay when employee called back for administrative duties or for a disciplinary or counselling interview means the Table in clause 19.7.
Table 7—Penalty rates means the Table in clause 20.2.
Table 8—Eligible employee representatives quota means the Table in clause 31.7.
Table 9—Period of notice means the table in clause 32.1(b).
3. The National Employment Standards and this award
3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
3.3 The employer must ensure that copies of this award and of the NES are available to all employees to whom they apply, either on a notice board conveniently located at or near the workplace or through accessible electronic means.
[Varied by PR743414]
4.1 This industry award covers, to the exclusion of any other modern award:
(a) employers in the contract cleaning services industry throughout Australia; and
(b) employees (with a classification defined in Schedule A—Classification Definitions) of employers mentioned in clause 4.1(a).
4.2 For the purposes of clause 4.1, contract cleaning services industry means the business of providing cleaning services under a contract and includes:
(a) cleaning, including event cleaning; and
(b) hygiene and pollution control; and
[4.2(c) varied by PR743414 ppc 11Jul22]
(c) trolley collection, excluding trolley collection covered by the General Retail Industry Award 2020; and
(d) minor property maintenance that is incidental to cleaning.
4.3 For the purposes of clause 4.2(a), event cleaning means the provision of cleaning in connection with the staging of sporting, cultural, scientific, technological, agricultural or entertainment events or exhibitions.
4.4 This industry award also covers:
(a) on-hire employees working in the contract cleaning services industry (with a classification defined in Schedule A—Classification Definitions) and the on-hire employers of those employees; and
(b) trainees employed by a group training employer and hosted by an employer covered by this award to work in the contract cleaning services industry (with a classification defined in Schedule A—Classification Definitions) and the group training employers of those trainees.
4.5 However, this industry award does not cover any of the following:
(a) employees excluded from award coverage by the Act; or
NOTE: See section 143(7) of the Act.
(b) employees covered by a modern enterprise award or an enterprise instrument; or
(c) employees covered by a State reference public sector modern award or a State reference public sector transitional award; or
(d) employers of employees mentioned in clause 4.5(b) or 4.5(c).
4.6 If an employer is covered by more than one award, an employee of the employer is covered by the award containing the classification that is most appropriate to the work performed by the employee and the industry in which they work.
NOTE: An employee working in the contract cleaning services industry who is not covered by this industry award may be covered by an award with occupational coverage.
5. Individual flexibility arrangements
5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:
(a) arrangements for when work is performed; or
(b) overtime rates; or
(c) penalty rates; or
(d) allowances; or
(e) annual leave loading.
5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.
5.3 An agreement may only be made after the individual employee has commenced employment with the employer.
5.4 An employer who wishes to initiate the making of an agreement must:
(a) give the employee a written proposal; and
(b) if the employer is aware that the employee has, or should reasonably be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.
5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.
5.6 An agreement must do all of the following:
(a) state the names of the employer and the employee; and
(b) identify the award term, or award terms, the application of which is to be varied; and
(c) set out how the application of the award term, or each award term, is varied; and
(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and
(e) state the date the agreement is to start.
5.7 An agreement must be:
(a) in writing; and
5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.
5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.
5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.
5.11 An agreement may be terminated:
(a) at any time, by written agreement between the employer and the employee; or
NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).
5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.
5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.
6. Requests for flexible working arrangements
[6 substituted by PR763218 ppc 01Aug23]
Requests for flexible working arrangements are provided for in the NES.
NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 30—Dispute resolution and/or under section 65B of the Act.
7.2 The following clauses have facilitative provisions:
Table 1—Facilitative provisions
|
Clause |
Provision |
Agreement between an employer and: |
|
16.5 |
Payment of wages |
an individual employee |
|
19.5 |
Time off instead of payment for overtime |
an individual employee |
|
21.8 |
Annual leave in advance |
an individual employee |
|
21.9 |
Cashing out of annual leave |
an individual employee |
|
26.2 |
Substitution of public holidays by agreement |
an individual employee |
Part 2—Types of Employment and Classifications
8.1 An employee covered by this award must be one of the following:
(a) a full-time employee; or
(b) a part-time employee; or
(c) a casual employee.
8.2 At the time of engaging an employee, an employer must inform the employee of the terms on which they are engaged, including whether they are engaged as a full-time, part-time or casual employee, their usual work location and classification.
8.3 Each employee’s classification and whether they are engaged as a full-time, part-time or casual employee will be recorded in the time and wages record.
9. Full-time employees
A full-time employee is an ongoing employee engaged to work an average of 38 ordinary hours per week.
NOTE: Those hours of work are to be arranged in accordance with clauses 13.1 to 13.4 (Ordinary hours of work and rostering).
10. Part-time employees
10.2 An employer must pay a part-time employee for each ordinary hour worked an allowance of 15% in addition to the minimum hourly rate specified in column 3 of Table 2—Minimum rates.
NOTE: The part-time allowance is payable so as to allow the employer to roster a part-time employee to work up to 7.6 hours per day, 5 days per week or 38 ordinary hours per week without the payment of overtime.
10.3 An employer may employ part-time employees in any classification defined in Schedule A—Classification Definitions.
10.4 At the time of engaging a part-time employee, the employer and employee must agree in writing on all of the following:
(a) the number of hours to be worked each day; and
(b) the days of the week on which the employee will work; and
(c) the times at which the employee will start and finish work each day.
10.5 The employer and the employee may vary an agreement under clause 10.4. Any variation must be recorded in writing.
10.6 An employer must roster a part-time employee in accordance with the provisions of clause 13.6—Rostering, and for a minimum number of hours in accordance with clause 13.5—Ordinary hours of work and roster cycles—part-time and casual employees.
11. Casual employees
[Varied by PR733875]
[11.1 deleted by PR733875 from 27Sep21]
[11.2 renumbered as 11.1 by PR733875 from 27Sep21]
11.1 A casual employee may only be engaged:
(a) to perform work on an intermittent or irregular basis; or
(b) to work uncertain hours; or
(c) to replace a full-time or a part-time employee who is rostered off or absent.
[11.3 renumbered as 11.2 by PR733875 from 27Sep21]
11.2 An employer must pay a casual employee a loading of 25% in addition to the minimum hourly rate specified in column 3 of Table 2—Minimum rates.
NOTE: The casual loading is payable instead of entitlements from which casuals are excluded by the terms of this award and the NES. See Part 2-2 of the Act.
11.3 Requests and offers for casual conversion
[11.4 renumbered as 11.3 and renamed and substituted by PR733875 from 27Sep21]
Offers and requests for conversion from casual employment to full-time or part-time employment are provided for in the NES.
NOTE: Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 30—Dispute resolution.
12.1 An employer must classify an employee covered by this award in accordance with Schedule A—Classification Definitions.
NOTE: The minimum rates applicable to the classifications in this award are in clause 15—Minimum rates.
13. Ordinary hours of work and rostering
13.1 Ordinary hours of work and roster cycles—full-time employees
(a) Ordinary hours may be worked on any day of the week.
(b) Full-time employees work an average of 38 ordinary hours per week in one of the following ways:
(i) working 5 days of 7.6 hours each per week; or
(ii) working 152 hours per 4 week cycle in workplaces at which employees work on a rostered day off basis in accordance with clause 13.2; or
(iii) working 19 days of 8 hours each per month; or
(iv) working up to 10 hours on any day or days by agreement between the employer and the majority of employees concerned (therefore enabling a weekday to be taken off more frequently than would otherwise apply).
13.3 Except in an emergency and subject to clause 27.1 (Consultation about changes to rosters or hours of work), an arrangement agreed by the employer and employee under clause 13.1(b) may only be changed on giving a minimum of one week’s notice.
13.4 An arrangement agreed under clause 13.1(b) and in operation cannot be changed within the course of a cycle.
13.5 Ordinary hours of work and roster cycles—part-time and casual employees
(a) A part-time or casual employee may work their ordinary hours by working periods of duty of up to 7.6 ordinary hours per day on up to 5 days per week.
(b) Ordinary hours may be worked on any day of the week.
(c) An employer must roster a part-time or casual employee on any shift:
(ii) for a minimum of 2 consecutive hours at a location with a total cleaning area of up to 2000 square metres; and
(iii) for a minimum of 3 consecutive hours at a location with a total cleaning area of 2000 or more square metres up to 5000 square metres; and
(iv) for a minimum of 4 consecutive hours at a location with a total cleaning area of 5000 or more square metres.
(d) A part-time or casual employee must be paid for the minimum duration of shift applicable for the size of the cleaning area under clause 13.5(c) even if the employee works for a shorter time.
(a) The following rostering provisions apply to full-time and part-time employees.
(b) The employer must prepare a roster showing for each employee their name and the times at which they start and finish work.
(c) The employer must post the roster in a conspicuous place that is easily accessible by the employees.
(d) The roster of an employee may be changed at any time by the employer and employee by mutual agreement or, subject to clause 28—Consultation about changes to rosters or hours of work, by the employer giving the employee 7 days’ notice of the change or shorter notice in the case of an emergency
(e) A change of roster must be recorded in the employee’s time and wages records.
13.7 Days off per week
Each employee is entitled to 2 consecutive full days off within each 7 day cycle.
An employee who works a shift that attracts a shift penalty under clause 20—Penalty rates is entitled to a paid meal break per shift of not less than 20 minutes. The meal break must be taken not earlier than 4 hours, and not later than 5 hours, after the start of the shift.
(b) Paid rest break
A full-time shiftworker working a straight shift is entitled to one further 10 minute paid rest break per shift.
(c) A paid meal break and paid rest break provided for in clause 14.1 counts as time worked for the employee
(a) Clause 14.2 applies to employees who are not entitled to a paid meal break under clause 14.1(a).
(i) An employee is entitled to an unpaid meal break of not less than 30 minutes, and not more than one hour and cannot be required to work for more than 4½ hours (or 5 hours in an emergency) without a meal break.
(ii) An unpaid meal break provided in clause 14.2(b) does not count as time worked for the employee.
(i) An employee is entitled to a 10 minute paid morning rest break and a 10 minute paid afternoon rest break.
(ii) A paid morning or afternoon rest break provided for in clause 14.2(c) counts as time worked for the employee.
14.3 Interruptions and overtime meal breaks—all employees
(a) If the employee is interrupted during a meal break and directed to work, the employer must pay the employee at the overtime rate mentioned in clause 19.3—Overtime rates until the employee is allowed to resume the meal break.
(b) An employee working overtime is entitled to a paid 20 minute meal break after each 4 hours of overtime worked.
(a) An employee must have a minimum break of 8 consecutive hours between finishing work on one shift of ordinary hours (including any overtime worked immediately after it) and starting work on the next shift of ordinary hours (including any overtime worked immediately before it).
(b) The employer must pay an employee who is required by the employer to start work without having had at least 8 consecutive hours off duty at the overtime rate mentioned in clause 19.3—Overtime rates until the employee is released from duty for at least 8 consecutive hours.
15. Minimum rates
[Varied by PR720159, PR718839, PR723827, PR729277, PR740698, PR762131]
[15.1 varied by PR718839, PR729277, PR740698, PR762131 ppc 01Jul23]
An employer must pay an employee the rate applicable to the employee’s classification specified in column 1 of Table 2—Minimum rates for ordinary hours of work.
|
Column 1 Cleaning Services Employee classification |
Column 2 Minimum weekly rate (full-time employee) |
Column 3 Minimum hourly rate |
|
|
$ |
$ |
|
Level 1 |
914.70 |
24.07 |
|
Level 2 |
945.00 |
24.87 |
|
Level 3 |
995.00 |
26.18 |
NOTE 1: Adult employee is defined in clause 2—Definitions.
NOTE 2: Provisions for calculating rates for a junior employee of a shopping trolley collection contractor are at clause 15.2—Junior rates (employees of shopping trolley collection contractors).
NOTE 3: Provisions for calculating rates for part-time employees are at clause 10.2 (Part-time employees) and are based on the minimum hourly rate specified in column 3.
NOTE 4: Provisions for calculating rates for casual employees are at clause 11.2 (Casual employees) and are based on the minimum hourly rate specified in column 3.
NOTE 5: Schedule B—Summary of Hourly Rates of Pay sets out the hourly rates of pay including overtime rates and penalty rates.
15.2 Junior rates (employees of shopping trolley collection contractors)
NOTE: Junior employee is defined in clause 2—Definitions.
An employer who is a shopping trolley collection contractor must pay a junior employee aged as specified in column 1 of Table 3—Junior rates (employees of shopping trolley collection contractors) the minimum percentage specified in column 2 of the minimum rate that would otherwise be applicable under Table 2—Minimum rates:
Table 3—Junior rates (employees of shopping trolley collection contractors)
|
Column 1 Age |
Column 2 Minimum % of minimum adult rate |
|
Under 16 years of age |
45 |
|
16 years of age |
50 |
|
17 years of age |
60 |
|
18 years of age |
70 |
|
19 years of age |
80 |
|
20 years of age |
90 |
NOTE: Schedule B—Summary of Hourly Rates of Pay sets out the hourly rates of pay including overtime rates and penalty rates.
15.3 Higher duties
(a) An employer must pay an employee who performs for 4 or more hours on any particular day duties of a classification higher than the employee’s ordinary classification the minimum hourly rate specified in column 3 of Table 2—Minimum rates for that higher classification for the whole of that day.
(b) An employer must pay an employee who performs for less than 4 hours on any particular day duties of a classification higher than the employee’s ordinary classification the minimum hourly rate specified in column 3 of Table 2—Minimum rates for that higher classification for the time during which those duties were performed.
15.4 Supported wage system
For employees who, because of the effects of a disability, are eligible for a supported wage, see Schedule D—Supported Wage System.
15.5 National training wage
[15.5(a) varied by PR720159 ppc 18Jun20]
(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.
[15.5(b) varied by PR720159, PR723827, PR729277, PR740698, PR762131 ppc 01Jul23]
(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2023. For that purpose, any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Cleaning Services Award 2020 and not the Miscellaneous Award 2020.
[15.5(c) inserted by PR718839; deleted by PR723827 ppc 01Nov20]
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
16.1 The employer may determine the pay period of an employee as being either weekly or fortnightly.
16.2 Wages must be paid no later than the Thursday of a pay week.
16.6 Payment on termination of employment
(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and
(ii) all other amounts that are due to the employee under this award and the NES.
(b) The requirement to pay wages and other amounts under clause 16.6(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.
NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.
NOTE 2: Clause 16.6(b) allows the Commission to make an order delaying the requirement to make a payment under clause 16.6. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.
NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.
[Varied by PR718839, PR718994, PR729277, PR729465, PR740698, PR740871, PR762131, PR762294]
17.1 Clause 17 gives employees an entitlement to monetary allowances of specified kinds in specified circumstances.
NOTE: Schedule C—Summary of Monetary Allowances contains a summary of monetary allowances and methods of adjustment.
[17.2(b) varied by PR718839, PR729277, PR740698, PR762131 ppc 01Jul23]
(b) The employer of an employee who works a broken shift must pay the employee a broken shift allowance of $4.19 for the day.
[17.2(c) varied by PR718839, PR729277, PR740698, PR762131 ppc 01Jul23]
(c) The maximum allowance payable under clause 17.2 is $20.95 per week.
[17.3(a) varied by PR729277, PR740698, PR762131 ppc 01Jul23]
(a) The employer must pay an employee who is required to work for more than one hour in a place or places where the temperature is reduced by artificial means to below 0°C an allowance of $0.61 per hour while so working.
(b) An employee who continues to work for more than 2 hours in a place or places mentioned in clause 17.3(a) is entitled to a 20 minute rest period every 2 hours without loss of pay.
[17.4(a) varied by PR718839, PR729277, PR740698, PR762131 ppc 01Jul23]
(a) The employer must pay an employee who is required to work for more than one hour in a place or places where the temperature is raised by artificial means to between 46°C and 54°C an allowance of $0.61 per hour while so working.
[17.4(b) varied by PR718839, PR729277, PR740698, PR762131 ppc 01Jul23]
(b) The employer must pay an employee who is required to work for more than one hour in a place or places where the temperature is raised by artificial means to in excess of 54°C an allowance of $0.74 per hour while so working.
(c) An employee who continues to work for more than 2 hours in a place or places mentioned in clause 17.4(b) is entitled to a 20 minute rest period every 2 hours without loss of pay.
17.5 Height allowance
(a) Clause 17.5 applies to an employee who is engaged in cleaning from a swing scaffold, boatswain’s chair or other similar device on the outside of multi-storied buildings.
(b) The employer must pay the employee an allowance per hour or part of an hour of:
[17.5(b)(i) varied by PR718839, PR729277, PR740698, PR762131 ppc 01Jul23]
(i) $0.99 while working up to and including the 22nd floor above ground level; and
[17.5(b)(ii) varied by PR718839, PR729277, PR740698, PR762131 ppc 01Jul23]
(ii) $2.02 while working above the 22nd floor above ground level.
(a) Clause 17.6 applies to an employee who:
(i) has current first aid qualifications and training such as a certificate from St John Ambulance Australia or a similar body; and
(ii) is appointed in writing by the employer to perform first aid duty.
[17.6(b) varied by PR718839, PR729277, PR740698, PR762131 ppc 01Jul23]
(b) The employer must pay the employee an allowance of $15.00 per week.
(a) Clause 17.7 applies to an employee who is placed in charge of other employees.
[17.7(b) varied by PR718839, PR729277, PR740698, PR762131 ppc 01Jul23]
(b) The employer must pay the employee an allowance per week of the amount specified in column 2 of Table 4—Leading hand allowance depending on the number of other employees of which the employee is in charge as specified in column 1 of that table.
Table 4—Leading hand allowance
|
Column 1 Number of employees in charge of |
Column 2 Allowance per week |
|
|
$ |
|
Up to 10 |
54.88 |
|
11–20 |
70.61 |
|
More than 20 |
86.35 |
17.8 Refuse collection allowance
(a) Clause 17.8 applies to an employee who is employed for the major portion of their time on any shift to:
(i) collect, dispose of or sort refuse; or
(ii) feed an incinerator, furnace or compactor.
[17.8(b) varied by PR718839, PR729277, PR740698, PR762131 ppc 01Jul23]
(b) The employer must pay the employee a refuse collection allowance of $4.17 per shift.
17.9 Toilet cleaning allowance
[17.9 varied by PR718839, PR729277, PR740698, PR762131 ppc 01Jul23]
The employer of an employee who is employed for the major portion of any day or shift to clean toilets must pay the employee a toilet cleaning allowance of $3.28 per shift or $16.15 per week.
(a) Clause 17.10 applies to any employee who:
(i) is required to work an additional 2 hours or more; and
(ii) was not advised of that requirement on or before the previous day.
(b) The employer must:
[17.10(b)(i) varied by PR718994, PR729465, PR740871, PR762294 ppc 01Jul23]
(i) pay the employee a meal allowance of $15.40; or
(ii) supply the employee with a meal.
[17.11(a) varied by PR718994, PR740871, PR762294 ppc 01Jul23]
(a) for a motor car, $0.96 cents per kilometre; and
[17.11(b) varied by PR718994, PR740871, PR762294 ppc 01Jul23]
(b) for a motorcycle, $0.32 cents per kilometre.
17.12 Travel time and travel allowance
(a) Clause 17.12 applies to an employee who is required by the employer to travel from one workplace to another.
(b) The employer must pay the employee, for the time spent travelling between workplaces, at the rate applicable at the time as if they were working.
(c) The employer is responsible for, and must pay, all fares associated with travelling between workplaces.
The employer must reimburse an employee who is required to wear a uniform for the cost of purchasing any such uniform (including purchasing a replacement uniform reasonably required by the employee) that is not supplied or paid for by the employer.
[Varied by PR771289]
18.1 Superannuation legislation
[18.1 substituted by PR771289 ppc 09Apr24]
(a) The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deal with the superannuation rights and obligations of employers and employees.
(b) The rights and obligations in clause 18 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.
(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.
18.3 Voluntary employee contributions
(c) The employer must pay the amount authorised under clauses 18.3(a) or 18.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 18.3(a) or 18.3(b) was made.
18.4 Absence from work
Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 18.2 and pay the amount authorised under clauses 18.3(a) and 18.3(b) while the employee is:
(a) on any paid leave;
(b) absent from work (subject to a maximum of 52 weeks in total) due to a work related injury or illness provided that:
(i) the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with statutory requirements; and
(ii) the employee remains employed by the employer.
18.5 Superannuation fund
[18.5 varied by PR771289 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 18.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 18.2 and pay any amount authorised under clauses 18.3(a) or 18.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:
(a) AustralianSuper;
(b) SunSuper;
(c) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or
(d) a superannuation fund or scheme which the employee is a defined benefit member of.
Part 5—Overtime and Penalty Rates
[Varied by PR723881, PR763218]
(a) Subject to section 62 of the Act and clause 19, an employer may require an employee to work reasonable overtime hours at overtime rates.
(b) An employee may refuse to work overtime hours if they are unreasonable.
(c) In determining whether overtime hours are reasonable or unreasonable for the purpose of clause 19 the following must be taken into account:
(i) any risk to employee health and safety from working the additional hours;
(ii) the employee's personal circumstances, including family responsibilities;
(iii) the needs of the workplace or enterprise in which the employee is employed;
(iv) whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, working additional hours;
(v) any notice given by the employer of any request or requirement to work the additional hours;
(vi) any notice given by the employee of his or her intention to refuse to work the additional hours;
(vii) the usual patterns of work in the industry, or the part of an industry, in which the employee works;
(viii) the nature of the employee's role, and the employee's level of responsibility;
(ix) whether the additional hours are in accordance with averaging terms of clause 13—Ordinary hours of work and rostering inserted pursuant to section 63 of the Act, that applies to the employee; and
(x) any other relevant matter.
(a) An employer must pay a full-time employee at the overtime rate for any time worked in excess of their ordinary hours.
[19.2(b) substituted by PR723881 ppc 20Nov20]
The overtime rate mentioned in clauses 14.3—Interruptions and overtime meal breaks—all employees, 14.4—Breaks between shifts or 19.2 is:
(a) for a full-time or part-time employee, the relevant percentage specified in column 2 of Table 5—Overtime rates (depending on when the overtime was worked as specified in column 1) of the minimum hourly rate of the employee under Table 2—Minimum rates; or
(b) for a casual employee, the relevant percentage specified in column 3 of Table 5—Overtime rates (depending on when the overtime was worked as specified in column 1) of the minimum hourly rate of the employee under Table 2—Minimum rates.
|
Column 1 |
Column 2 Overtime rate |
Column 3 Overtime rate |
|
Overtime worked on |
Full-time and part-time employees |
Casual employees (includes casual loading) |
|
Monday to Saturday—first 2 hours |
150 |
175 |
|
Monday to Saturday—after 2 hours |
200 |
225 |
|
Sunday all day |
200 |
225 |
|
Public holiday all day |
250 |
275 |
NOTE: Schedule B—Summary of Hourly Rates of Pay sets out the hourly rates of pay including overtime rates.
19.5 Time off instead of payment for overtime
(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.
(b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 19.5.
(c) An agreement must state each of the following:
(i) the number of overtime hours to which it applies and when those hours were worked;
(ii) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;
(iv) that any payment mentioned in clause 19.5(c)(iii) must be made in the next pay period following the request.
NOTE: An example of the type of agreement required by clause 19.5 is set out at Schedule E—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule E—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 19.5 can also be made by an exchange of emails between the employee and employer, or by other electronic means.
(d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.
EXAMPLE: By making an agreement under clause 19.5 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.
(i) within the period of 6 months after the overtime is worked; and
(ii) at a time or times within that period of 6 months agreed by the employee and employer.
(f) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 19.5 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.
(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 19.5(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.
(h) The employer must keep a copy of any agreement under clause 19.5 as an employee record.
(i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.
(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 19.5 will apply, including the requirement for separate written agreements under clause 19.5(b) for overtime that has been worked.
[Note varied by PR763218 ppc 01Aug23]
NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65A(3) of the Act).
(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 19.5 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.
NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 19.5.
(a) Clause 19.6 applies to an employee who, following the completion of their ordinary hours, is recalled to work overtime at any workplace of the employer after leaving the employer’s premises.
(b) The employer must pay the employee for a minimum of 2 hours at the overtime rate even if the employee is required by the employer to work for a shorter time.
(c) The interval between completing ordinary hours and beginning overtime does not count as time worked.
19.7 Call back for non-cleaning purposes
(a) Clause 19.7 applies to an employee who is required by the employer to return to work after completing their ordinary hours to perform administrative duties or for the purposes of a disciplinary or counselling interview.
(b) Clause 19.7 applies:
(i) whether the employee is required to attend at the employer’s premises or at the premises of a client of the employer; and
(ii) irrespective of whether the employee is notified of the requirement before or after leaving the workplace.
(c) The employer must pay the employee at the rate of pay and for the minimum number of hours as shown in the following table:
Table 6—Rates and hours of pay when employee called back for administrative duties or for a disciplinary or counselling interview
|
Column 1 Day on which the employee’s attendance is required |
Column 2 Rate of pay |
Column 3 Minimum number of hours paid for |
|
Monday to Friday |
Appropriate rate for ordinary hours or applicable penalty rate |
2 hours |
|
Saturday |
Appropriate Saturday rate |
3 hours |
|
Sunday |
Appropriate Sunday rate |
4 hours |
(d) Clause 19.7 does not apply if:
(i) a period of duty is continuous (subject to a reasonable meal break) with finishing or beginning ordinary working time or overtime; or
(ii) the attendance is for the purposes of completing any form of paid training.
[Varied PR718839, PR729277, PR740698, PR762131]
20.1 Clause 20 sets out penalty rates for hours worked at specified times or on specified days that are not required to be paid at the overtime rate mentioned in clause 19.3—Overtime rates.
[20.2 varied by PR718839, PR729277, PR740698, PR762131 ppc 01Jul23]
20.2 An employer must pay an employee as follows for hours worked by the employee during a period, or on a day, specified in column 1 of Table 7—Penalty rates:
(a) for a full-time employee, at the percentage specified in column 2 of that Table of the minimum hourly rate of the employee; or
(b) for a part-time employee, at the percentage specified in column 3 of that Table of the minimum hourly rate of the employee; or
(c) for a casual employee, at the percentage specified in column 4 of that Table of the minimum hourly rate of the employee.
|
Column 1 Period or day |
Column 2 Full-time employees |
Column 3 Part-time employees |
Column 4 Casual employees |
|
|
% of minimum hourly rate |
% of minimum hourly rate (inclusive of part-time allowance) |
% of minimum hourly rate (inclusive of casual loading) |
|
Monday to Friday shift that starts before 6.00 am or finishes after 6.00 pm excluding a public holiday |
115% for entire shift (other than overtime) |
130% for entire shift (other than overtime) |
140% for entire shift (other than overtime) |
|
Any shift that finishes after midnight but no later than 8.00 am and does not rotate or alternate with another shift or day work excluding hours on a day that is a public holiday |
130% for all hours worked |
130% for all hours worked |
155% for all hours worked |
|
All hours from midnight Friday to midnight Saturday |
150% |
165% |
175% |
|
All hours from midnight Saturday to midnight Sunday |
200% |
215% |
225% |
|
All hours on a public holiday |
250% |
265% |
275% |
NOTE: Schedule B—Summary of Hourly Rates of Pay sets out hourly rates of pay including penalty rates.
Example 1—Shiftwork and weekend work (part-time employee)
Margaret
is a part-time Level 1 employee. She works a non-permanent 5 hour shift on
Friday, Saturday and Sunday. Each shift starts at 6.00 pm and finishes at 11.00
pm.
The minimum hourly rate for a Level 1 employee is $24.07.
Margaret will:
• work a total of 5 ordinary hours on night shift (Friday)
• work a total of 5 ordinary hours on Saturday
• work a total of 5 ordinary hours on Sunday
Step 1: Calculating ordinary time pay on night shift (Friday)
(a) Multiply the minimum hourly rate by the penalty rate for part-time
employees working a Monday to Friday shift that finishes after 6.00 pm in
column 3 of Table 7—Penalty rates, to establish the relevant night shift rate.
• Minimum hourly rate ($24.07) x % Monday to Friday shift finishing after
6.00pm—part-time employees (130%) = $31.29
(b) Multiply the relevant night shift rate by the number of ordinary hours
worked to establish the total amount to be paid for working on night shift.
• $31.29 x 5 = $156.45
Step 2: Calculating ordinary time pay on Saturday
(a) Multiply the minimum hourly rate by the penalty rate for part-time
employees working on a Saturday in column 3 of Table 7—Penalty rates
to establish the relevant Saturday rate.
• Minimum hourly rate ($24.07) x % Saturday part-time penalty (165%) = $39.72
(b) Multiply the Saturday rate by the number of ordinary hours worked on
Saturday to establish the total amount to be paid working on Saturday.
• $39.72 x 5 = $198.60
Step 3: Calculating ordinary time pay on Sunday
(a) Multiply the minimum hourly rate by the penalty rate for part-time
employees working on a Sunday in column 3 of Table 7—Penalty rates
to establish the relevant Sunday rate.
• Minimum hourly rate ($24.07) x % Sunday part-time penalty (215%) = $51.75
(b) Multiply the Sunday rate by the number of ordinary hours worked on Sunday
to establish the total amount to be paid for working on Sunday.
• $51.75 x 5 = $258.75
Step 4: Calculating total pay
Add the total amount for night shift in Step 1(b) and the total amount for
Saturday work in Step 2(b) and the total amount for Sunday work in Step 3(b) to
establish the total pay for 3 shifts.
• $156.45 + $198.60 + $258.75 = $613.80
Margaret is paid a total of $613.80 for
working 3 shifts.
Part 6—Leave and Public Holidays
NOTE: Where an employee is receiving overaward payments resulting in the employee’s base rate of pay being higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).
21.1 Annual leave is provided for in the NES. It does not apply to casual employees.
21.2 Additional paid annual leave for certain shiftworkers
(a) Clause 21.2 applies to an employee who:
(i) works a roster and who, over the roster cycle, may be rostered to work an ordinary shift on any day of the week; and
(ii) is regularly rostered to work on Sundays and public holidays.
(b) The employee is a shiftworker for the purposes of the NES (entitlement to an additional week of paid annual leave).
(a) For the purpose of calculating the amount that the employer is required by section 90 of the Act to pay an employee for a period of paid annual leave, the employee’s base rate of pay for the employee’s ordinary hours of work in the period must be taken to include any of the following that are payable to the employee:
(i) a leading hand allowance; and
(ii) a first aid allowance; and
(iii) a part-time allowance for part-time employees working shiftwork (Monday to Friday) or rostered ordinary hours on a Saturday or a Sunday.
(b) The employer must pay an employee for the employee’s ordinary hours of work in a period of paid annual leave an additional payment that is the greater of the following amounts:
(i) 17.5% of the employee’s minimum hourly rate
(ii) the shift, weekend or public holiday penalty rates that the employee would have received for ordinary hours of work for which the employee would have been rostered in the period had the employee not been on leave.
NOTE: Section 90(2) of the Act deals with untaken paid annual leave when the employment of an employee ends.
21.4 Direction to take annual leave during shutdown
[21.4 renamed and substituted by PR751046 ppc 01May23]
(a) Clause 21.4 applies if:
(i) an employee works for the employer in connection with a site operated by a client of the employer; and
(ii) the client intends to shut down, or significantly reduce, all or part of its operations at that site for a particular period for the purpose of the client’s employees taking annual leave (temporary shutdown period).
(c) The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 21.4(b) and who will be affected by that period, as soon as reasonably practicable after the employee is engaged.
(e) A direction by the employer under clause 21.4(d):
(i) must be in writing; and
(ii) must be reasonable.
(f) The employee must take paid annual leave in accordance with a direction under clause 21.4(d).
(g) In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 21.4(d), an employer and an employee may agree, in writing, for the employee to take leave without pay during that part of the temporary shutdown period.
(h) An employee may take annual leave in advance during a temporary shutdown period in accordance with an agreement under clause 21.8.
(i) In determining the amount of paid annual leave to which an employee has accrued an entitlement, any period of paid annual leave taken in advance by the employee, in accordance with an agreement under clause 21.8, to which an entitlement has not been accrued, is to be taken into account.
(j) Clauses 21.5 to 21.7 do not apply to a period of annual leave that an employee is required to take during a temporary shutdown period in accordance with clause 21.4.
21.5 Excessive leave accruals: general provision
NOTE: Clauses 21.5 to 21.7 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Act.
(c) Clause 21.6 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 21.7 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
21.6 Excessive leave accruals: direction by employer that leave be taken
(a) If an employer has genuinely tried to reach agreement with an employee under clause 21.5(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.
(b) However, a direction by the employer under clause 21.6(a):
(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 21.5, 21.6 or 21.7 or otherwise agreed by the employer and employee) are taken into account; and
(ii) must not require the employee to take any period of paid annual leave of less than one week; and
(iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and
(iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.
(c) The employee must take paid annual leave in accordance with a direction under clause 21.6(a) that is in effect.
(d) An employee to whom a direction has been given under clause 21.6(a) may request to take a period of paid annual leave as if the direction had not been given.
NOTE 1: Paid annual leave arising from a request mentioned in clause 21.6(d) may result in the direction ceasing to have effect. See clause 21.6(b)(i).
NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
21.7 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 21.5(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.
(b) However, an employee may only give a notice to the employer under clause 21.7(a) if:
(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and
(ii) the employee has not been given a direction under clause 21.6(a) that, when any other paid annual leave arrangements (whether made under clause 21.5, 21.6 or 21.7 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.
(c) A notice given by an employee under clause 21.7(a) must not:
(i) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 21.5, 21.6 or 21.7 or otherwise agreed by the employer and employee) are taken into account; or
(ii) provide for the employee to take any period of paid annual leave of less than one week; or
(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or
(iv) be inconsistent with any leave arrangement agreed by the employer and employee.
(d) An employee is not entitled to request by a notice under clause 21.7(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker as defined by clause 21.2) in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under clause 21.7(a).
(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.
(b) An agreement must:
(i) state the amount of leave to be taken in advance and the date on which leave is to commence; and
(ii) be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
NOTE: An example of the type of agreement required by clause 21.8 is set out at Schedule F—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set at Schedule F—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 21.8 as an employee record.
(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 21.8, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.
21.9 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 21.9.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 21.9.
(d) An agreement under clause 21.9 must state:
(i) the amount of leave to be cashed out and the payment to be made to the employee for it; and
(ii) the date on which the payment is to be made.
(e) An agreement under clause 21.9 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.
(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.
(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.
(i) The employer must keep a copy of any agreement under clause 21.9 as an employee record.
NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 21.9.
NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 21.9.
NOTE 3: An example of the type of agreement required by clause 21.9 is set out at Schedule G—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule G—Agreement to Cash Out Annual Leave.
22. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
23. Parental leave and related entitlements
[23 varied by PR763218 ppc 01Aug23]
Parental leave and related entitlements are provided for in the NES.
NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 30—Dispute resolution and/or under section 76B of the Act.
Community service leave is provided for in the NES.
25. Family and domestic violence leave
[25—Unpaid family and domestic violence leave renamed and varied by PR750445 ppc 15Mar23]
Family and domestic violence leave is provided for in the NES.
NOTE 1: Information provided to employers concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers are subject to confidentiality requirements regarding the handling of this information under section 106C of the Act and requirements as to what can be reported on payslips pursuant to regulations 3.47 and 3.48 of the Fair Work Regulations.
NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.
[Varied by PR747343]
26.1 Public holiday entitlements are provided for in the NES.
26.2 Substitution of public holidays by agreement
(a) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.
(b) An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.
[26.3 deleted by PR747343 ppc 14Nov22]
Part 7—Consultation and Dispute Resolution
27. Consultation about major workplace change
27.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:
(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and
(b) discuss with affected employees and their representatives (if any):
(i) the introduction of the changes; and
(ii) their likely effect on employees; and
(iii) measures to avoid or reduce the adverse effects of the changes on employees; and
(c) commence discussions as soon as practicable after a definite decision has been made.
27.2 For the purposes of the discussion under clause 27.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:
(a) their nature; and
(b) their expected effect on employees; and
(c) any other matters likely to affect employees.
27.3 Clause 27.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
27.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 27.1(b).
27.5 In clause 27 significant effects, on employees, includes any of the following:
(a) termination of employment; or
(b) major changes in the composition, operation or size of the employer’s workforce or in the skills required; or
(c) loss of, or reduction in, job or promotion opportunities; or
(d) loss of, or reduction in, job tenure; or
(e) alteration of hours of work; or
(f) the need for employees to be retrained or transferred to other work or locations; or
(g) job restructuring.
27.6 Where this award makes provision for alteration of any of the matters defined at clause 27.5, such alteration is taken not to have significant effect.
28. Consultation about changes to rosters or hours of work
28.1 Clause 28 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.
28.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 28.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
28.4 The employer must consider any views given under clause 28.3(b).
28.5 Clause 28 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.
29. Consultation about change of contract
29.1 Clause 29 applies where an employer decides not to seek a renewal of a contract to perform cleaning services or is notified that such a contract to which the employer is a party is to be, or is likely to be, terminated.
29.3 The employer must, in the notice under clause 29.2, specify any options available for suitable alternative employment with the employer in the event that the contract ends.
29.4 The employer must give written notice to any affected employees who are offered suitable alternative employment with the employer of the offer, including the location at which the work is proposed to be performed, the proposed hours of work and the proposed rates of pay.
29.5 The employer must give a written notice to any employee who is not offered suitable alternative employment with the employer that:
(a) gives details of the employee’s accrued statutory and award entitlements on termination of the employee’s employment (including accrued annual leave); and
(c) invites the employee to notify the employer if they consent to the employer giving their name to the incoming contractor so that they may be considered for employment with that contractor.
29.6 The employer must provide to the incoming contractor a list of the names of employees who have consented to their name being provided to that contractor so that they may be considered for employment with that contractor.
29.7 The employer must take steps to organise a meeting between the incoming contractor and those employees who are not offered suitable alternative employment with the employer.
29.8 The incoming contractor must, as soon as practicable after making any offer of employment to employees of the outgoing contractor, give written notice of the offer and its terms to the outgoing contractor and to any representative, including a relevant union, nominated by the employee.
[Varied by PR763218]
30.1 Clause 30 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
30.3 If the dispute is not resolved through discussion as mentioned in clause 30.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.
30.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 30.2 and 30.3, a party to the dispute may refer it to the Fair Work Commission.
30.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.
30.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.
30.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 30.
30.8 While procedures are being followed under clause 30 in relation to a dispute:
(a) work must continue in accordance with this award and the Act; and
(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
30.9 Clause 30.8 is subject to any applicable work health and safety legislation.
[Note 1 inserted by PR763218 ppc 01Aug23]
NOTE 1: In addition to clause 30, a dispute resolution procedure for disputes regarding the NES entitlement to request flexible working arrangements is contained in section 65B of the Act.
[Note 2 inserted by PR763218 ppc 01Aug23]
NOTE 2: In addition to clause 30, a dispute resolution procedure for disputes regarding the NES entitlement to request an extension to unpaid parental leave is contained in section 76B of the Act.
31. Dispute resolution procedure training leave
31.1 Subject to clauses 31.7, 31.8 and 31.9, an eligible employee representative is entitled to up to 5 days’ paid dispute resolution procedure training leave to attend courses directed at improving the operation of the dispute resolution procedure, including its operation in connection with this award, the Act or any relevant agreement.
31.2 An eligible employee representative must give the employer 6 weeks’ notice (or such shorter period of notice as the employer may agree to accept) of their intention to attend a course and the amount of leave to be taken.
31.3 The notice must include details of the type, content and duration of the course to be attended.
31.4 The leave must be arranged having regard to the operational requirements of the employer so as to minimise any adverse effect on those requirements.
31.5 An eligible employee representative is entitled to be paid for the period of leave at the rate at which they would have been paid for their ordinary hours of work in that period had they not been on leave.
31.6 Leave under clause 31 counts as service for all purposes of this award.
31.7 An eligible employee representative is an employee who is:
(a) a shop steward, delegate or employee representative duly elected or appointed by employees in that enterprise or workplace to represent them in the dispute resolution procedure; and
(b) within the class and number of employee representatives entitled from year to year to take paid dispute resolution procedure training leave in accordance with the following table:
Table 8—Eligible employee representatives quota
|
Column 1 Number of employees employed by employer |
Column 2 Number of eligible employee representatives entitled per year |
|
5 to 15 employees |
1 |
|
16 to 30 employees |
2 |
|
31 to 50 employees |
3 |
|
51 to 100 employees |
4 |
|
More than 100 employees |
5 |
31.8 If, for any year the number of employee representatives seeking paid dispute resolution procedure training leave exceeds the quota of eligible employee representatives in column 2 of Table 8—Eligible employee representatives quota, priority of entitlement for that year must be resolved by agreement between them or, in the absence of agreement, according to their relative seniority.
31.9 For the purposes of determining the number of eligible employee representatives in column 2 of Table 8—Eligible employee representatives quota, employees employed by the employer mention in mentioned in column 1 are employees covered by this award with at least 6 months’ service and who work in the enterprise or workplace to which the procedure established under clause 30—Dispute resolution applies.
Part 8—Termination of Employment and Redundancy
NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.
32.1 Notice of termination by an employee
(a) Clause 32.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.
(b) An employee must give the employer notice of termination in accordance with Table 9—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.
|
Column 1 Employee’s period of continuous service with the employer at the end of the day the notice is given |
Column 2 Period of notice |
|
Not more than 1 year |
1 week |
|
More than 1 year but not more than 3 years |
2 weeks |
|
More than 3 years but not more than 5 years |
3 weeks |
|
More than 5 years |
4 weeks |
NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.
(c) In clause 32.1(b) continuous service has the same meaning as in section 117 of the Act.
(d) If an employee who is at least 18 years old does not give the period of notice required under clause 32.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.
(e) If the employer has agreed to a shorter period of notice than that required under clause 32.1(b), then no deduction can be made under clause 32.1(d).
(f) Any deduction made under clause 32.1(d) must not be unreasonable in the circumstances.
32.2 Job search entitlement
(a) Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.
(b) The time off under clause 32.2 is to be taken at times that are convenient to the employee after consultation with the employer.
NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act. Clause 33.4 supplements the NES where there is a change of cleaning contract from one cleaning contractor to another cleaning contractor.
33.1 Transfer to lower paid duties on redundancy
(a) Clause 33.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.
(b) The employer may:
(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or
(ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 33.1(c).
(c) If the employer acts as mentioned in clause 33.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.
33.2 Employee leaving during redundancy notice period
(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.
(b) The employee is entitled to receive the benefits and payments they would have received under clause 33 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.
(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.
33.3 Job search entitlement
(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.
(b) If an employee is allowed time off without loss of pay of more than one day under clause 33.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.
(c) A statutory declaration is sufficient for the purpose of clause 33.3(b).
(d) An employee who fails to produce proof when required under clause 33.3(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 32.2.
(a) Clause 33.4 applies in addition to clause 29—Consultation about change of contract and section 120(1)(b)(i) of the Act and applies on the change of a cleaning contract from one cleaning contractor (the outgoing contractor) to another (the incoming contractor).
(b) Section 119 of the Act does not apply to an employee of the outgoing contractor where:
(i) the employee of the outgoing contractor agrees to other acceptable employment with the incoming contractor, and
(ii) the outgoing contractor has paid to the employee all of the employee’s accrued statutory and award entitlements on termination of the employee’s employment.
(c) To avoid doubt, section 119 of the Act does apply to an employee of an outgoing contractor where the employee is not offered acceptable employment with either the outgoing contractor or the incoming contractor.
Schedule A—Classification Definitions
An employee at any level may be required within the limits of their skills and training to perform duties incidental or peripheral to their major task or tasks.
A.1 Cleaning Services Employee Level One (CSE 1) means an employee who performs those tasks customarily performed by cleaners, using a range of materials and equipment, to clean a range of surfaces in order to restore or maintain buildings in a clean and hygienic condition and who:
(a) is responsible for the quality of their own work subject to routine supervision; and
(b) works under routine supervision either individually or in a team; and
(c) exercises discretion within the level of their skills and training.
A.1.2 Indicative of the tasks that might be required at this level are the following:
(a) spot cleaning of carpets and soft furnishings; or
(b) operating hand held powered equipment such as blowers, vacuum cleaners and polishers; or
(c) sweeping and mopping; or
(d) toilet cleaning (subject to the provision of the applicable allowance in accordance with clause 17.9—Toilet cleaning allowance); or
(e) rubbish collection; or
(f) cleaning of private residences, and the performance of domestic work including but not limited to cleaning and washing; or
(g) telephone cleaning and germ proofing; or
(h) cleaning of glass, both internal and external; or
(i) dusting of all hard surfaces; or
(j) table bussing; or
(k) undertaking tea attendant duties; or
(l) collecting, servicing and maintaining shopping or luggage trolleys; or
(m) re-arranging or re-organising furniture; or
(n) routinely maintaining indoor greenery such as shrubs and plants; or
(o) sanitary disposal processing; or
(p) wiping or sweeping under and around seats and table tops.
A.2 Cleaning Services Employee Level Two (CSE 2) means an employee providing cleaning services at a higher skill level than an employee at CSE 1 level.
A.2.1 Employees at this level:
(a) work from complex instructions and procedures; and
(b) assist in the provision of on-the-job training; and
(c) work under general supervision either individually or in a team; and
(d) are responsible for assuring the quality of their own work; and
(e) perform those tasks customarily performed by cleaners.
A.2.2 A CSE 2 may be required to perform any duties of a CSE 1 and, in addition, may be required to perform any of the following indicative tasks, or a combination of such tasks, for the greater part of each day or shift:
(a) routine repair work or building maintenance (of a non-trade nature) in or about the facility; or
(b) ordering and distribution of toilet and other requisites or cleaning materials; or
(c) customer or public relations duties; or
(d) carrying out those roles expected of a leading hand (subject to the provision of the applicable allowance in accordance with clause 17.7—Leading hand allowance); or
(e) carpet cleaning; or
(f) cleaning windows on the exterior of multi-storied buildings from swing scaffolds, boatswain’s chairs, hydraulic bucket trucks or similar devices; or
(g) operating ride-on powered machinery; or
(h) operating steam cleaning and pressure washing equipment; or
(i) maintaining gardens, lawns or rockeries; or
(j) trimming edges, mowing lawns, sowing, planting, watering, weeding, spreading fertiliser, clearing shrubs or trimming hedges; or
(k) vehicular rubbish collection or operating mobile compaction units; or
(l) specialist computer cleaning.
A.3 Cleaning Services Employee Level Three (CSE 3) means an employee providing cleaning services at a higher skill level than an employee at CSE 2 level.
A.3.1 A CSE 3 may be required to perform any duties of a CSE 1 or CSE 2.
A.3.2 Employees at this level:
(a) work from complex instructions and procedures; and
(b) assist in the provision of on-the-job training; and
(c) co-ordinate the work of CSE 1s and CSE 2s and generally superintend the activity of all the building cleaners as a building supervisor or manager; and
(d) are responsible for ensuring the quality of their work; and
(e) have a knowledge of the employer’s operation.
A.3.3 Indicative of the tasks that might be required at this level are the following:
(a) ensuring that proper maintenance procedures for building plant and equipment are observed; or
(b) arranging service calls to ensure that building plant is operating correctly; or
(c) dealing with tenants or owners with respect to the proper cleaning, servicing or functioning of the building; or
(d) co-ordinating the work of leading hands; or
(e) handling routine personnel, industrial relations or health and safety matters; or
(f) being directly involved in the provision of on-the-job training.
Schedule B—Summary of Hourly Rates of Pay
[Varied by PR718839, PR729277, PR740698, PR762131]
See also clause Part 4—Wages and Allowances and Part 5—Overtime and Penalty Rates.
B.1 Adult employees—cleaning services
B.1.1 Full-time adult employees—cleaning services—ordinary and penalty rates
[B.1.1 varied by PR718839, PR729277, PR740698, PR762131 ppc 01Jul23]
|
Cleaning Services Employee |
Day |
Early morning, afternoon and non-permanent night shift |
Permanent night |
Saturday |
Sunday |
Public holiday |
|
|
% of minimum hourly rate |
|||||
|
|
100% |
115% |
130% |
150% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
Level 1 |
24.07 |
27.68 |
31.29 |
36.11 |
48.14 |
60.18 |
|
Level 2 |
24.87 |
28.60 |
32.33 |
37.31 |
49.74 |
62.18 |
|
Level 3 |
26.18 |
30.11 |
34.03 |
39.27 |
52.36 |
65.45 |
B.1.2 Part-time adult employees—cleaning services—ordinary and penalty rates
[B.1.2 varied by PR718839, PR729277, PR740698, PR762131 ppc 01Jul23]
|
Cleaning services employee |
Day |
Early morning, afternoon and non-permanent night shift |
Permanent night |
Saturday |
Sunday |
Public holiday |
|
|
% of minimum hourly rate |
|||||
|
|
115% |
130% |
130% |
165% |
215% |
265% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
Level 1 |
27.68 |
31.29 |
31.29 |
39.72 |
51.75 |
63.79 |
|
Level 2 |
28.60 |
32.33 |
32.33 |
41.04 |
53.47 |
65.91 |
|
Level 3 |
30.11 |
34.03 |
34.03 |
43.20 |
56.29 |
69.38 |
B.1.3 Full-time and part-time adult employees—cleaning services—overtime rates
[B.1.3 varied by PR718839, PR729277, PR740698, PR762131 ppc 01Jul23]
|
Cleaning Services Employee |
Monday to Saturday – first 2 hours |
Monday to Saturday – after 2 hours |
Sunday – all day |
Public holiday |
|
|
% of minimum hourly rate |
|||
|
|
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
|
Level 1 |
36.11 |
48.14 |
48.14 |
60.18 |
|
Level 2 |
37.31 |
49.74 |
49.74 |
62.18 |
|
Level 3 |
39.27 |
52.36 |
52.36 |
65.45 |
B.1.4 Casual adult employees—cleaning services—ordinary and penalty rates
[B.1.4 varied by PR718839, PR729277, PR740698, PR762131 ppc 01Jul23]
|
Cleaning services employee |
Day |
Early morning, afternoon and non-permanent night shift |
Permanent night |
Saturday |
Sunday |
Public holiday |
|
|
% of minimum hourly rate |
|||||
|
|
125% |
140% |
155% |
175% |
225% |
275% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
Level 1 |
30.09 |
33.70 |
37.31 |
42.12 |
54.16 |
66.19 |
|
Level 2 |
31.09 |
34.82 |
38.55 |
43.52 |
55.96 |
68.39 |
|
Level 3 |
32.73 |
36.65 |
40.58 |
45.82 |
58.91 |
72.00 |
B.2 Junior employees— employees of trolley collection contractors only
B.2.1 Junior hourly rate is based on a percentage of the appropriate adult rate in accordance with clause 15.2—Junior rates (employees of shopping trolley collection contractors).
B.2.2 Full-time junior employees—ordinary and penalty rates
[B.2.2 varied by PR718839, PR729277, PR740698, PR762131 ppc 01Jul23]
|
Cleaning Services Employee |
Day |
Early morning, afternoon and non-permanent night shift |
Permanent night |
Saturday |
Sunday |
Public holiday |
|
|
% of junior hourly rate |
|||||
|
|
100% |
115% |
130% |
150% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
Level 1 |
|
|
|
|
|
|
|
Under 16 years |
10.83 |
12.45 |
14.08 |
16.25 |
21.66 |
27.08 |
|
16 years |
12.04 |
13.85 |
15.65 |
18.06 |
24.08 |
30.10 |
|
17 years |
14.44 |
16.61 |
18.77 |
21.66 |
28.88 |
36.10 |
|
18 years |
16.85 |
19.38 |
21.91 |
25.28 |
33.70 |
42.13 |
|
19 years |
19.26 |
22.15 |
25.04 |
28.89 |
38.52 |
48.15 |
|
20 years |
21.66 |
24.91 |
28.16 |
32.49 |
43.32 |
54.15 |
|
Level 2 |
|
|
|
|
|
|
|
Under 16 years |
11.19 |
12.87 |
14.55 |
16.79 |
22.38 |
27.98 |
|
16 years |
12.43 |
14.29 |
16.16 |
18.65 |
24.86 |
31.08 |
|
17 years |
14.92 |
17.16 |
19.40 |
22.38 |
29.84 |
37.30 |
|
18 years |
17.41 |
20.02 |
22.63 |
26.12 |
34.82 |
43.53 |
|
19 years |
19.89 |
22.87 |
25.86 |
29.84 |
39.78 |
49.73 |
|
20 years |
22.38 |
25.74 |
29.09 |
33.57 |
44.76 |
55.95 |
|
Level 3 |
|
|
|
|
|
|
|
Under 16 years |
11.78 |
13.55 |
15.31 |
17.67 |
23.56 |
29.45 |
|
16 years |
13.09 |
15.05 |
17.02 |
19.64 |
26.18 |
32.73 |
|
17 years |
15.71 |
18.07 |
20.42 |
23.57 |
31.42 |
39.28 |
|
18 years |
18.33 |
21.08 |
23.83 |
27.50 |
36.66 |
45.83 |
|
19 years |
20.95 |
24.09 |
27.24 |
31.43 |
41.90 |
52.38 |
|
20 years |
23.57 |
27.11 |
30.64 |
35.36 |
47.14 |
58.93 |
B.2.3 Part-time junior employees—ordinary and penalty rates
[B.2.3 varied by PR718839, PR729277, PR740698, PR762131 ppc 01Jul23]
|
Cleaning Services Employee |
Day |
Early morning, afternoon and non-permanent night shift |
Permanent night |
Saturday |
Sunday |
Public holiday |
|
|
% of junior hourly rate |
|||||
|
|
115% |
130% |
130% |
165% |
215% |
265% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
Level 1 |
|
|
|
|
|
|
|
Under 16 years |
12.45 |
14.08 |
14.08 |
17.87 |
23.28 |
28.70 |
|
16 years |
13.85 |
15.65 |
15.65 |
19.87 |
25.89 |
31.91 |
|
17 years |
16.61 |
18.77 |
18.77 |
23.83 |
31.05 |
38.27 |
|
18 years |
19.38 |
21.91 |
21.91 |
27.80 |
36.23 |
44.65 |
|
19 years |
22.15 |
25.04 |
25.04 |
31.78 |
41.41 |
51.04 |
|
20 years |
24.91 |
28.16 |
28.16 |
35.74 |
46.57 |
57.40 |
|
Level 2 |
|
|
|
|
|
|
|
Under 16 years |
12.87 |
14.55 |
14.55 |
18.46 |
24.06 |
29.65 |
|
16 years |
14.29 |
16.16 |
16.16 |
20.51 |
26.72 |
32.94 |
|
17 years |
17.16 |
19.40 |
19.40 |
24.62 |
32.08 |
39.54 |
|
18 years |
20.02 |
22.63 |
22.63 |
28.73 |
37.43 |
46.14 |
|
19 years |
22.87 |
25.86 |
25.86 |
32.82 |
42.76 |
52.71 |
|
20 years |
25.74 |
29.09 |
29.09 |
36.93 |
48.12 |
59.31 |
|
Level 3 |
|
|
|
|
|
|
|
Under 16 years |
13.55 |
15.31 |
15.31 |
19.44 |
25.33 |
31.22 |
|
16 years |
15.05 |
17.02 |
17.02 |
21.60 |
28.14 |
34.69 |
|
17 years |
18.07 |
20.42 |
20.42 |
25.92 |
33.78 |
41.63 |
|
18 years |
21.08 |
23.83 |
23.83 |
30.24 |
39.41 |
48.57 |
|
19 years |
24.09 |
27.24 |
27.24 |
34.57 |
45.04 |
55.52 |
|
20 years |
27.11 |
30.64 |
30.64 |
38.89 |
50.68 |
62.46 |
B.2.4 Full-time and part-time junior employees—overtime rates
[B.2.4 varied by PR718839, PR729277, PR740698, PR762131 ppc 01Jul23]
|
Cleaning Services Employee |
Monday to Saturday – first 2 hours |
Monday to Saturday – after 2 hours |
Sunday – all day |
Public holiday |
|
|
% of junior hourly rate |
|||
|
|
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
|
Level 1 |
||||
|
Under 16 years |
16.25 |
21.66 |
21.66 |
27.08 |
|
16 years |
18.06 |
24.08 |
24.08 |
30.10 |
|
17 years |
21.66 |
28.88 |
28.88 |
36.10 |
|
18 years |
25.28 |
33.70 |
33.70 |
42.13 |
|
19 years |
28.89 |
38.52 |
38.52 |
48.15 |
|
20 years |
32.49 |
43.32 |
43.32 |
54.15 |
|
Level 2 |
||||
|
Under 16 years |
16.79 |
22.38 |
22.38 |
27.98 |
|
16 years |
18.65 |
24.86 |
24.86 |
31.08 |
|
17 years |
22.38 |
29.84 |
29.84 |
37.30 |
|
18 years |
26.12 |
34.82 |
34.82 |
43.53 |
|
19 years |
29.84 |
39.78 |
39.78 |
49.73 |
|
20 years |
33.57 |
44.76 |
44.76 |
55.95 |
|
Level 3 |
||||
|
Under 16 years |
17.67 |
23.56 |
23.56 |
29.45 |
|
16 years |
19.64 |
26.18 |
26.18 |
32.73 |
|
17 years |
23.57 |
31.42 |
31.42 |
39.28 |
|
18 years |
27.50 |
36.66 |
36.66 |
45.83 |
|
19 years |
31.43 |
41.90 |
41.90 |
52.38 |
|
20 years |
35.36 |
47.14 |
47.14 |
58.93 |
B.2.5 Casual junior employees—ordinary and penalty rates
[B.2.5 varied by PR718839, PR729277, PR740698, PR762131 ppc 01Jul23]
|
Cleaning Services Employee |
Day |
Early morning, afternoon and non-permanent night shift |
Permanent night |
Saturday |
Sunday |
Public holiday |
|
|
% of junior hourly rate |
|||||
|
|
125% |
140% |
155% |
175% |
225% |
275% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
Level 1 |
||||||
|
Under 16 years |
13.54 |
15.16 |
16.79 |
18.95 |
24.37 |
29.78 |
|
16 years |
15.05 |
16.86 |
18.66 |
21.07 |
27.09 |
33.11 |
|
17 years |
18.05 |
20.22 |
22.38 |
25.27 |
32.49 |
39.71 |
|
18 years |
21.06 |
23.59 |
26.12 |
29.49 |
37.91 |
46.34 |
|
19 years |
24.08 |
26.96 |
29.85 |
33.71 |
43.34 |
52.97 |
|
20 years |
27.08 |
30.32 |
33.57 |
37.91 |
48.74 |
59.57 |
|
Level 2 |
||||||
|
Under 16 years |
13.99 |
15.67 |
17.34 |
19.58 |
25.18 |
30.77 |
|
16 years |
15.54 |
17.40 |
19.27 |
21.75 |
27.97 |
34.18 |
|
17 years |
18.65 |
20.89 |
23.13 |
26.11 |
33.57 |
41.03 |
|
18 years |
21.76 |
24.37 |
26.99 |
30.47 |
39.17 |
47.88 |
|
19 years |
24.86 |
27.85 |
30.83 |
34.81 |
44.75 |
54.70 |
|
20 years |
27.98 |
31.33 |
34.69 |
39.17 |
50.36 |
61.55 |
|
Level 3 |
||||||
|
Under 16 years |
14.73 |
16.49 |
18.26 |
20.62 |
26.51 |
32.40 |
|
16 years |
16.36 |
18.33 |
20.29 |
22.91 |
29.45 |
36.00 |
|
17 years |
19.64 |
21.99 |
24.35 |
27.49 |
35.35 |
43.20 |
|
18 years |
22.91 |
25.66 |
28.41 |
32.08 |
41.24 |
50.41 |
|
19 years |
26.19 |
29.33 |
32.47 |
36.66 |
47.14 |
57.61 |
|
20 years |
29.46 |
33.00 |
36.53 |
41.25 |
53.03 |
64.82 |
Schedule C—Summary of Monetary Allowances
[Varied by PR718839, PR718994; corrected by PR720887; varied by PR729277, PR729465, PR740698, PR740871, PR750768, PR762131, PR762294]
See clause 17—Allowances for full details of allowances payable under this award.
C.1 Wage-related allowances:
[C.1.1 varied by PR718839, PR729277, PR740698, PR762131 ppc 01Jul23]
C.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum weekly rate for a Cleaning Services Employee Level 1 in clause 15—Minimum rates = $914.70.
|
Allowance |
Clause |
% of standard rate |
$ |
Payable |
|
Broken shift allowance—per day |
17.2(b) |
0.458 |
4.19 |
per day |
|
Broken shift allowance—maximum per week |
17.2(c) |
2.29 |
20.95 |
per week |
|
Cold work allowance |
17.3(a) |
0.067 |
0.61 |
per hour |
|
Hot work allowance—46°C to 54°C |
17.4(a) |
0.067 |
0.61 |
per hour |
|
Hot work allowance—over 54°C |
17.4(b) |
0.081 |
0.74 |
per hour |
|
Height allowance—up to and including 22nd floor |
17.5(b)(i) |
0.108 |
0.99 |
per hour or part thereof |
|
Height allowance—above 22nd floor |
17.5(b)(ii) |
0.221 |
2.02 |
per hour or part thereof |
|
First aid allowance |
17.6(b) |
1.64 |
15.00 |
per week |
|
Leading hand in charge of—1 to 10 employees |
17.7(b) |
6.0 |
54.88 |
per week |
|
Leading hand in charge of—11 to 20 employees |
17.7(b) |
7.72 |
70.61 |
per week |
|
Leading hand in charge of—more than 20 employees |
17.7(b) |
9.44 |
86.35 |
per week |
|
Refuse collection allowance |
17.8(b) |
0.456 |
4.17 |
per shift |
|
Toilet cleaning allowance—per shift; or |
17.9 |
0.359 |
3.28 |
per shift |
|
Toilet cleaning allowance—per week |
17.9 |
1.766 |
16.15 |
per week |
C.1.2 Automatic adjustment of wage-related allowances
[C.1.2 renamed and substituted by PR750768 ppc 15Mar23]
The amount of each wage-related allowance is the percentage of the standard rate specified for the allowance and will automatically adjust to reflect the specified percentage when the standard rate is varied.
C.2 Expense-related allowances
[C.2 varied by PR718994; corrected by PR720887 ppc 01Jul20; varied by PR729465, PR740871, PR762294 ppc 01Jul23]
|
Allowance |
Clause |
$ |
Payable |
|
Meal allowance |
17.10 |
15.40 |
per occasion |
|
Vehicle allowance—Motor vehicle |
17.11(a) |
0.96 |
per km |
|
Vehicle allowance—Motorcycle |
17.11(b) |
0.32 |
per km |
C.2.1 Adjustment of expense-related allowances
(a) At the time of any adjustment to the standard rate, each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:
|
Allowance |
Applicable Consumer Price Index figure |
|
Meal allowance |
Take away and fast foods sub-group |
|
Vehicle allowance |
Private motoring sub-group |
Schedule D—Supported Wage System
[Varied by PR719661, PR729672, PR742256, PR762969]
D.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
D.2 In this schedule:
approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system.
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged.
supported wage system means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au.
SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate.
D.3 Eligibility criteria
D.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
D.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
D.4 Supported wage rates
D.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:
|
Assessed capacity (clause D.5) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[D.4.2 varied by PR719661, PR729672, PR742256, PR762969 ppc 01Jul23]
D.4.2 Provided that the minimum amount payable must be not less than $102 per week.
D.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
D.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
D.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
D.6 Lodgement of SWS wage assessment agreement
D.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
D.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
D.7 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the SWS.
D.8 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.
D.9 Workplace adjustment
An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.
D.10 Trial period
D.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.
D.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
[D.10.3 varied by PR719661, PR729672, PR742256, PR762969 ppc 01Jul23]
D.10.3 The minimum amount payable to the employee during the trial period must be no less than $102 per week.
D.10.4 Work trials should include induction or training as appropriate to the job being trialled.
D.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause D.5.
Schedule E—Agreement for Time Off Instead of Payment for Overtime
Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree that the employee may take time off instead of being paid for the following amount of overtime that has been worked by the employee:
Date and time overtime started: ___/___/20___ ____ am/pm
Date and time overtime ended: ___/___/20___ ____ am/pm
Amount of overtime worked: _______ hours and ______ minutes
The employer and employee further agree that, if requested by the employee at any time, the employer must pay the employee for overtime covered by this agreement but not taken as time off. Payment must be made at the overtime rate applying to the overtime when worked and must be made in the next pay period following the request.
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
Schedule F—Agreement to Take Annual Leave in Advance
Link to PDF copy of Agreement to Take Annual Leave in Advance.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:
The amount of leave to be taken in advance is: ____ hours/days
The leave in advance will commence on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
[If the employee is under 18 years of age - include:] I agree that: if, on termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement, then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued. Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
Schedule G—Agreement to Cash Out Annual Leave
Link to PDF copy of Agreement to Cash Out Annual Leave.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:
The amount of leave to be cashed out is: ____ hours/days
The payment to be made to the employee for the leave is: $_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)
The payment will be made to the employee on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
Include if the employee is under 18 years of age:
Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
[Schedule H—Part-day Public Holidays deleted by PR747343 ppc 14Nov22]
[Schedule X—Additional Measures During the COVID-19 Pandemic varied by PR720705, PR723048, PR728080, PR736911; deleted by PR746868 ppc 17Oct22]
Modern award and related determinations on the Find My Award tool or otherwise on the Fair Work Ombudsman’s website display content taken from the Fair Work Commission’s website. The Fair Work Commission and Fair Work Ombudsman take care to ensure that modern award and related determination copies are accurate at the time of publication but do not guarantee, and accept no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of the information displayed by the Find My Award tool or otherwise on the Fair Work Ombudsman’s website or resources.
Any data extracts must be read in conjunction with the provisions in the modern award. These copies and extracts are not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.
The Fair Work Ombudsman acknowledges the Traditional Custodians of Country throughout Australia and their continuing connection to land, waters, skies and communities. We pay our respects to them, their Cultures, and Elders past, present and future.