FWO - external award viewer · Library

NOTE: Section 15A of the Act was amended with effect from 26 August 2024. Under clause 102(3) of Schedule 1 to the Act, an existing employee who was a casual employee of an employer under section 15A as it was immediately before that date is taken to be a casual employee of the employer for the purposes of section 15A after that date.

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.

[Definition of employee organisation inserted by PR774727 from 01Jul24]

employee organisation has the meaning given by section 12 of Act.

employer means a national system employer as defined by section 14 of the Act.

[Definition of enterprise inserted by PR774727 from 01Jul24]

enterprise has the meaning given by section 12 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; substituted by PR777249 from 27Aug24]

(ba) casual employment (Division 4A);

(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.

[Definition of small business employer inserted by PR774727 from 01Jul24]

small business employer has the meaning given by section 23 of the Act.

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).

[Definition of workplace delegate inserted by PR774727 from 01Jul24]

workplace delegate has the meaning given by section 350C(1) of the Act.

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.

4. Coverage

[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

(b) signed by the employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

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

(b) by the employer or employee giving 13 weeks’ written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

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. Facilitative provisions

7.1 This award contains facilitative provisions which allow agreement between an employer and an individual employee, or the majority of employees, on how specific award provisions are to apply at the workplace.

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. Types of employment

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

10.1 A part-time employee is an employee who is engaged to work for fewer than an average of 38 ordinary hours per week and whose hours of work are reasonably predictable.

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, PR777249]

[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 Changes to casual employment status

[11.4 renumbered as 11.3 and renamed and substituted by PR733875; 11.3 renamed and substituted by PR777249 from 27Aug24]

A pathway for employees to change from casual employment to full-time or part-time employment is provided for in the NES. See sections 66A to 66MA of the Act.

NOTE: Disputes about changes to casual employment status may be dealt with under sections 66M and 66MA of the Act and/or under clause 30—Dispute resolution.

12. Classifications

12.1 An employer must classify an employee covered by this award in accordance with Schedule A—Classification Definitions.

12.2 Despite an employee’s classification, an employee is to perform all duties incidental to the tasks of the employee that are within the employee’s level of skill, competence and training.

NOTE: The minimum rates applicable to the classifications in this award are in clause 15—Minimum rates.

Part 3—Hours of Work

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).

13.2 An employee who works on a rostered day off basis over a 4 week cycle is entitled to up to 12 rostered days off over each 12 month period.

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:

(i) for a minimum of one hour if the employee is the only employee engaged at a small stand-alone location with a total cleaning area of not more than 300 square metres and it is not practicable for a longer shift to be worked across 2 or more locations; and

(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.

13.6 Rostering

(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.

13A. Employee right to disconnect

[13A inserted by PR777984 from 26Aug24]

13A.1 Clause 13A provides for the exercise of an employee’s right to disconnect under section 333M of the Act.

NOTE:

(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:

(1) their employer outside of the employee’s working hours,

(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.

(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee’s refusal is unreasonable.

(c) Section 333M(5) provides that an employee’s refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.

(d) Section 333N provides for the resolution of disputes about whether an employee’s refusal is unreasonable and about the operation of section 333M.

(e) The general protections in Part 3–1 of the Act prohibit an employer taking adverse action against an employee because of the employee’s right to disconnect under section 333M of the Act.

13A.2 Clause 13A applies from the following dates:

(a) 26 August 2024—for employers that are not small business employers on this date and their employees.

(b) 26 August 2025—for employers that are small business employers on 26 August 2024 and their employees.

13A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.

13A.4 Clause 13A.3 does not prevent an employer from contacting, or attempting to contact, an employee outside of the employee’s working hours in circumstances including to notify them of:

(a) an emergency roster change under clause 13.3 or 13.6(d); or

(b) a recall to work under clause 19.6 or 19.7.

14. Breaks

14.1 Shiftworkers

(a) Paid meal break

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

14.2 Non-shiftworkers

(a) Clause 14.2 applies to employees who are not entitled to a paid meal break under clause 14.1(a).

(b) Unpaid meal breaks

(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.

14.4 Breaks between shifts

(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.

(c) The employee must not suffer any loss of pay for ordinary working time hours not worked during the period of a release from duty mentioned in clause 14.4(b).

Part 4—Wages and Allowances

15. Minimum rates

[Varied by PR720159, PR718839, PR723827, PR729277, PR740698, PR762131, PR773907]

15.1 Adult rates

[15.1 varied by PR718839, PR729277, PR740698, PR762131, PR773907 ppc 01Jul24]

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.

Table 2—Minimum rates

Column 1 Cleaning Services Employee classification	Column 2 Minimum weekly rate (full-time employee)	Column 3 Minimum hourly rate
	$	$
Level 1	949.00	24.97
Level 2	980.40	25.80
Level 3	1032.30	27.17

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, PR773907 ppc 01Jul24]

(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2024. 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]

16. Payment of wages

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.

16.3 Wages may be paid by cash or electronic funds transfer into a bank account nominated by the employee. However, the employer and an employee may agree that wages must be paid by cash.

16.4 An employee paid by cash or cheque who has to wait at the workplace to be paid is entitled to be paid at the employee’s minimum hourly rate for any time spent so waiting.

16.5 If the normal pay day or the day following the normal pay is a public holiday, the employee is entitled to be paid on the last ordinary working day immediately before the normal pay day, or on another day that is agreed between the employer and the employee.

16.6 Payment on termination of employment

(a) The employer must pay an employee no later than 7 days after the day on which the employee’s employment terminates:

(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.

17. Allowances

[Varied by PR718839, PR718994, PR729277, PR729465, PR740698, PR740871, PR762131, PR762294, PR773907, PR774075]

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 Broken shift allowance

(a) For the purposes of this award an employee works a broken shift if the employee is required to work a rostered shift on any day in 2 periods of duty (excluding meal breaks and rest breaks) within a maximum spread of 13 hours and with a break between them of longer than one hour.

[17.2(b) varied by PR718839, PR729277, PR740698, PR762131, PR773907 ppc 01Jul24]

(b) The employer of an employee who works a broken shift must pay the employee a broken shift allowance of $4.35 for the day.

[17.2(c) varied by PR718839, PR729277, PR740698, PR762131, PR773907 ppc 01Jul24]

(c) The maximum allowance payable under clause 17.2 is $21.73 per week.

17.3 Cold work allowance

[17.3(a) varied by PR729277, PR740698, PR762131, PR773907 ppc 01Jul24]

(a) The employer must pay a n 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 $0.64 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 Hot work allowance

[17.4(a) varied by PR718839, PR729277, PR740698, PR762131, PR773907 ppc 01Jul24]

(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 $0.64 per hour while so working.

[17.4(b) varied by PR718839, PR729277, PR740698, PR762131, PR773907 ppc 01Jul24]

(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 $0.77 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, PR773907 ppc 01Jul24]

(i) $1.02 while working up to and including the 22nd floor above ground level; and

[17.5(b)(ii) varied by PR718839, PR729277, PR740698, PR762131, PR773907 ppc 01Jul24]

(ii) $2.10 while working above the 22nd floor above ground level.

17.6 First aid allowance

(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, PR773907 ppc 01Jul24]

(b) The employer must pay the employee an allowance of $15.56 per week.

17.7 Leading hand allowance

(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, PR773907 ppc 01Jul24]

(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	56.94
11–20	73.26
More than 20	89.59

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, PR773907 ppc 01Jul24]

(b) The employer must pay the employee a refuse collection allowance of $4.33 per shift.

17.9 Toilet cleaning allowance

[17.9 varied by PR718839, PR729277, PR740698, PR762131, PR773907 ppc 01Jul24]

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 $3.41 per shift or $16.76 per week.

17.10 Meal allowance

(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, PR774075 ppc 01Jul24]

(i) pay the employee a meal allowance of $16.41; or

(ii) supply the employee with a meal.

17.11 Vehicle allowance

An employer must pay an employee who, by agreement with the employer, uses their own motor vehicle in performing their duties an allowance of:

[17.11(a) varied by PR718994, PR740871, PR762294, PR774075 ppc 01Jul24]

(a) for a motor car, $0.99 cents per kilometre; and

[17.11(b) varied by PR718994, PR740871, PR762294, PR774075 ppc 01Jul24]

(b) for a motorcycle, $0.33 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.

17.13 Uniform allowance

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.

18. Superannuation

[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.

18.2 Employer contributions

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

(a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 18.2.

(b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’ written notice to their employer.

(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

19. Overtime

[Varied by PR723881, PR763218]

19.1 Reasonable overtime

(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.

19.2 Payment of overtime

(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]

(b) All time worked in excess of 7.6 hours per day, five days per week or 38 hours in any week by a part-time employee or casual employee is overtime.

19.3 Overtime rates

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.

Table 5—Overtime rates

Column 1	Column 2 Overtime rate % of minimum hourly rate	Column 3 Overtime rate % of minimum hourly 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.

19.4 In calculating overtime payments, overtime worked on any day stands alone from overtime worked on any other day.

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;

(iii) that, if the employee requests at any time, the employer must pay the employee, for overtime covered by the agreement but not taken as time off, at the overtime rate applicable to the overtime when worked;

(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.

(e) Time off must be taken:

(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.

19.6 Call back

(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.

20. Penalty rates

[Varied PR718839, PR729277, PR740698, PR762131, PR773907]

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, PR773907 ppc 01Jul24]

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.

Table 7—Penalty rates

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 $24.97. 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 ($24.97) x % Monday to Friday shift finishing after 6.00pm—part-time employees (130%) = $32.46

(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.

• $32.46 x 5 = $162.30

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 ($24.97) x % Saturday part-time penalty (165%) = $41.20

(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.

• $41.20 x 5 = $206.00

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 ($24.97) x % Sunday part-time penalty (215%) = $53.69

(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.

• $53.69 x 5 = $268.45

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.

• $162.30 + $206.00 + $268.45 = $636.75

Margaret is paid a total of $636.75 for working 3 shifts.

Part 6—Leave and Public Holidays

21. Annual leave

[Varied by PR751046]

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).

21.3 Payment for 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).

(b) The employer must give the affected employees one month’s written notice of a temporary shutdown period, or any shorter period agreed between the employer and the majority of relevant employees.

(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.

(d) The employer may direct the employee to take a period of paid annual leave to which the employee has accrued an entitlement during a temporary shutdown period.

(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.

(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 21.2).

(b) If an employee has an excessive leave accrual, the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.

(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).

21.8 Annual leave in advance

(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.

(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.

(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.

24. Community service leave

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.

26. Public holidays

[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—Workplace Delegates, Consultation and Dispute Resolution

[Part 7—Consultation and Dispute Resolution renamed by PR774727 from 01Jul24]

26A. Workplace delegates’ rights

[26A inserted by PR774727 from 01Jul24]

26A.1 Clause 26A provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.

NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the employer has complied with clause 26A.

26A.2 In clause 26A:

(a) employer means the employer of the workplace delegate;

(b) delegate’s organisation means the employee organisation in accordance with the rules of which the workplace delegate was appointed or elected; and

(c) eligible employees means members and persons eligible to be members of the delegate’s organisation who are employed by the employer in the enterprise.

26A.3 Before exercising entitlements under clause 26A, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.

26A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.

26A.5 Right of representation

A workplace delegate may represent the industrial interests of eligible employees who wish to be represented by the workplace delegate in matters including:

(a) consultation about major workplace change;

(b) consultation about changes to rosters or hours of work;

(c) resolution of disputes;

(d) disciplinary processes;

(e) enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate’s organisation with enterprise bargaining; and

(f) any process or procedure within an award, enterprise agreement or policy of the employer under which eligible employees are entitled to be represented and which concerns their industrial interests.

26A.6 Entitlement to reasonable communication

(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 26A.5. This includes discussing membership of the delegate’s organisation and representation with eligible employees.

(b) A workplace delegate may communicate with eligible employees during working hours or work breaks, or before or after work.

26A.7 Entitlement to reasonable access to the workplace and workplace facilities

(a) The employer must provide a workplace delegate with access to or use of the following workplace facilities:

(i) a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and eligible employees;

(ii) a physical or electronic noticeboard;

(iii) electronic means of communication ordinarily used in the workplace by the employer to communicate with eligible employees and by eligible employees to communicate with each other, including access to Wi-Fi;

(iv) a lockable filing cabinet or other secure document storage area; and

(v) office facilities and equipment including printers, scanners and photocopiers.

(b) The employer is not required to provide access to or use of a workplace facility under clause 26A.7(a) if:

(i) the workplace does not have the facility;

(ii) due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or

(iii) the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.

26A.8 Entitlement to reasonable access to training

Unless the employer is a small business employer, the employer must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of eligible employees, subject to the following conditions:

(a) In each year commencing 1 July, the employer is not required to provide access to paid time for training to more than one workplace delegate per 50 eligible employees.

(b) The number of eligible employees will be determined on the day a delegate requests paid time to attend training, as the number of eligible employees who are:

(i) full-time or part-time employees; or

(ii) regular casual employees.

(c) Payment for a day of paid time during normal working hours is payment of the amount the workplace delegate would have been paid for the hours the workplace delegate would have been rostered or required to work on that day if the delegate had not been absent from work to attend the training.

(d) The workplace delegate must give the employer not less than 5 weeks’ notice (unless the employer and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider.

(e) If requested by the employer, the workplace delegate must provide the employer with an outline of the training content.

(f) The employer must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the workplace delegate’s access to paid time during normal working hours to attend the training has been approved. Such approval must not be unreasonably withheld.

(g) The workplace delegate must, within 7 days after the day on which the training ends, provide the employer with evidence that would satisfy a reasonable person of their attendance at the training.

26A.9 Exercise of entitlements under clause 26A

(a) A workplace delegate’s entitlements under clause 26A are subject to the conditions that the workplace delegate must, when exercising those entitlements:

(i) comply with their duties and obligations as an employee;

(ii) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;

(iii) not hinder, obstruct or prevent the normal performance of work; and

(iv) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.

(b) Clause 26A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.

(c) Clause 26A does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.

NOTE: Under section 350A of the Act, the employer must not:

(a) unreasonably fail or refuse to deal with a workplace delegate; or

(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or

(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 26A.

26A.10 Interaction with other clauses of this award

Other clauses of this award may give additional or more favourable entitlements to workplace delegates (however described). If an entitlement of a workplace delegate under another clause of this award is more favourable to the delegate than an entitlement under clause 26A, the entitlement under the other clause applies instead of the entitlement under clause 26A.

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.

28.2 The employer must consult with any employees affected by the proposed change and their representatives (if any).

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

(b) invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.

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.

29.2 The employer must, at least 28 days (or as soon as practicable if that is later than 28 days) before the contract is due to end, give written notice of the situation to the affected employees and their representatives (if any), including the date on which the contract is due to end.

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

(b) contains a statement of the employee’s service with the employer (including the length of that service, their hours of work, their classification and shift configuration); 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.

30. Dispute resolution

[Varied by PR763218, PR777249, PR777984]

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.

30.2 The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the employee or employees concerned and the relevant supervisor.

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 and Note 2 inserted by PR763218; deleted by PR777984 from 26Aug24]

[Note inserted by PR777984 from 26Aug24; varied by PR777249 from 27Aug24]

NOTE: In addition to clause 30, the Act contains dispute resolution procedures as follows:

For a dispute about rights under the Act to	Section
Request flexible working arrangements	65B
Change casual employment status	66M
Request an extension to unpaid parental leave	76B
Exercise an employee’s right to disconnect	333N

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

32. Termination of employment

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.

Table 9—Period of notice

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.

33. Redundancy

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.

33.4 Change of contract

(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, PR773907]

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, PR773907 ppc 01Jul24]

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	24.97	28.72	32.46	37.46	49.94	62.43
Level 2	25.80	29.67	33.54	38.70	51.60	64.50
Level 3	27.17	31.25	35.32	40.76	54.34	67.93

B.1.2 Part-time adult employees—cleaning services—ordinary and penalty rates

[B.1.2 varied by PR718839, PR729277, PR740698, PR762131, PR773907 ppc 01Jul24]

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	28.72	32.46	32.46	41.20	53.69	66.17
Level 2	29.67	33.54	33.54	42.57	55.47	68.37
Level 3	31.25	35.32	35.32	44.83	58.42	72.00

B.1.3 Full-time and part-time adult employees—cleaning services—overtime rates

[B.1.3 varied by PR718839, PR729277, PR740698, PR762131, PR773907 ppc 01Jul24]

Cleaning Services Employee	Monday to Saturday – first 2 hours	Monday to Saturday – after 2 hours	Sunday – all day	Public holiday – all day
	% of minimum hourly rate
	150%	200%	200%	250%
	$	$	$	$
Level 1	37.46	49.94	49.94	62.43
Level 2	38.70	51.60	51.60	64.50
Level 3	40.76	54.34

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Cleaning Services Award 2020