Understanding the Cleaning Services Award is essential for cleaning business owners, HR managers, and payroll officers.
This guide breaks down everything you need to know about your obligations under the award in clear, straightforward terms.
And if you download our eBook, you’ll get access to a BONUS pay rate cheat sheet, checklist, classification tables and more.
Disclaimer:
Please note that every effort has been made to ensure that the information provided in this guide is accurate. You should note, however, that the information is intended as a guide only, providing an overview of general information available. This guide is not intended to be an exhaustive source of information and should not be seen to constitute legal or tax advice. You should, where necessary, seek a second professional opinion for any legal or tax issues raised in your business affairs.
The Cleaning Services Award covers employers and employees in the contract cleaning services industry throughout Australia. This includes:
However, the award does not cover:
Part-time employees are those who work fewer than 38 hours per week, which is the standard full-time workweek under the award. While they work reduced hours compared to full-time staff, part-time employees are still entitled to the same benefits as their full-time counterparts on a pro-rata basis.
Pro-rata means "in proportion," so part-time employees receive entitlements proportional to the hours they work. This ensures fairness and consistency in the workplace, as part-time employees are not disadvantaged due to their reduced hours.
For example, let's consider annual leave entitlements. Full-time employees are entitled to 4 weeks of annual leave per year under the award. If a part-time employee works half the hours of a full-time employee, they would be entitled to half the annual leave—2 weeks per year.
So, if a full-time employee works 38 hours per week and a part-time employee works 19 hours per week, here's how their annual leave entitlement would be calculated:
Full-time employee:
Part-time employee:
This pro-rata principle applies to other entitlements as well, such as personal/carer's leave and long service leave.
It's important to note that part-time employees must have a written agreement with their employer specifying their working arrangements, including:
Having this written agreement provides clarity and protection for both the employee and the employer. It ensures that part-time employees have predictable hours and receive their correct entitlements, while also allowing employers to plan their staffing and resources effectively.
Casual employment is a common arrangement in the cleaning industry, offering flexibility for both employers and employees. However, there are a few key aspects of this arrangement that differ from full-time and part-time employment arrangements. To ensure compliance you must understand each of these aspects.
One of the defining features of casual employment is the absence of guaranteed hours. Unlike full-time or part-time employees who have a set number of hours they work each week, casual employees do not have a fixed schedule or minimum hours.
Their work hours can fluctuate from week to week depending on the needs of the business and the availability of the employee.
To compensate for the lack of certain entitlements that permanent employees receive, such as paid annual leave and personal/carer's leave, casual employees are entitled to a higher hourly rate of pay. Under the Cleaning Services Award, casual employees receive a 25% casual loading on top of the minimum hourly rate for their classification.
Let's look at an example to understand how this works in practice.
If a full-time or part-time cleaner in a particular classification has a minimum hourly rate of $25, a casual employee performing the same role would be entitled to a minimum hourly rate of $31.25 (i.e., $25 + 25% casual loading).
The casual loading is designed to provide a financial buffer for the unpredictable nature of casual work and to ensure that casual employees are not disadvantaged compared to their permanent counterparts. Employers must ensure they are applying the correct casual loading and paying their casual employees accordingly to maintain compliance with the award.
Under the Cleaning Services Award, casual (and part-time) employees are entitled to minimum shift durations based on the total cleaning area of the location they are working at.
These minimum engagement periods ensure that employees are fairly compensated for their time and travel, even if the actual work takes less time than the minimum shift length.
For example, let’s say Tom, a casual cleaner, is rostered to work at a school with a total cleaning area of 1800 square metres. The minimum engagement period for this location is 2 hours, as it falls within the up to 2000 square metre category. Tom must be rostered for at least 2 consecutive hours and paid accordingly, even if he finishes his duties in 1.5 hours.
We discuss these engagement periods under the “Hours of Work” section below.
Casual employees who have been working for the same employer for at least 12 months may be eligible to request a conversion to permanent employment (either full-time or part-time).
This provision, known as casual conversion, aims to provide long-term casual employees with greater job security and access to the entitlements associated with permanent employment.
To be eligible for casual conversion under the Cleaning Services Award, a casual employee must have worked a regular pattern of hours on an ongoing basis over the previous 6 months.
This means they have been working a consistent number of hours each week with little variation, indicating a level of stability and predictability in their employment.
If a casual employee meets these criteria, they can submit a written request to their employer to convert to permanent employment. The employer must then provide a written response within 21 days, either accepting or rejecting the request. If the employer refuses the request, they must provide reasonable grounds for the refusal.
Back to topThe Hours of Work section in the Cleaning Services Award sets out the rules and guidelines for managing working hours and rosters for employees in the cleaning industry.
Full-time employees work an average of 38 ordinary hours per week, which can be arranged in various ways to provide flexibility for both the employer and the employee. The award allows for the following options:
These arrangements can only be changed with a minimum of one week's notice, except in emergencies, and can’t be altered during an ongoing cycle.
Part-time and casual employees can work their ordinary hours by doing shifts of up to 7.6 hours per day, for a maximum of 5 days per week. The award specifies minimum shift durations based on the total cleaning area of the worksite:
Cleaning Area |
Minimum Shift Duration |
---|---|
Up to 300 sq m |
1 hour* |
Up to 2,000 sq m |
2 consecutive hours |
2,000 to 5,000 sq m |
3 consecutive hours |
5,000 sq m or more |
4 consecutive hours |
*Only applies when the employee is the sole worker at a small stand-alone site, and it's not practical to work a longer shift across multiple locations.
Employees must be paid for the full minimum shift duration even if they work for a shorter time.
The award outlines several key points about rostering for full-time and part-time employees:
All employees are entitled to 2 consecutive full days off within each 7-day cycle.
From 26 August 2024 (or 2025 for small businesses), employees have the right to disconnect from work outside their working hours.
This means they can refuse to monitor, read, or respond to work-related contact from their employer or third parties during their off-hours, unless it's unreasonable to do so.
Employers can’t prevent employees from exercising this right, but they can still contact workers outside working hours for emergency roster changes or recalls to work.
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Employees are entitled to different types of breaks depending on their work arrangements and the nature of their shifts.
Employees who work shifts that attract a shift penalty under the award are considered shiftworkers. They are entitled to the following breaks:
Employees who are not entitled to a paid meal break under the shiftworker provisions fall into this category. They are entitled to the following breaks:
The award also covers situations where breaks are interrupted or when employees work overtime:
To ensure adequate rest between shifts, the award stipulates the following:
The Cleaning Services Award sets minimum pay rates for employees in the cleaning industry. These rates are reviewed and updated annually, typically at the start of each financial year (1 July).
Further, the award outlines various classifications and levels for employees based on their duties, responsibilities, and experience. Each classification and level has a corresponding minimum pay rate.
These rates serve as a baseline, and employers must pay their employees at least the minimum rate applicable to their classification and level.
To access our FREE classification tables and pay rate cheat sheets you can download our eBook here.
Superannuation must be paid during:
However, employees have the right to refuse overtime hours if they are unreasonable.
Several factors must be considered when determining whether overtime hours are reasonable, such as:
Full-time employees must be paid at the overtime rate for any hours worked in excess of their ordinary hours. For part-time and casual employees, all time worked beyond 7.6 hours per day, five days per week, or 38 hours in any week is considered overtime.
The overtime rates for full-time, part-time, and casual employees are as follows:
Overtime worked on |
Full-time and part-time |
Casual (includes loading) |
---|---|---|
Monday to Saturday - first 2 hrs |
150% |
175% |
Monday to Saturday - after 2 hrs |
200% |
225% |
Sunday - all day |
200% |
225% |
Public holiday - all day |
250% |
275% |
Note: Overtime worked on any day stands alone and is not cumulative across multiple days.
Employers and employees can agree in writing for the employee to take time off instead of being paid for overtime.
This agreement must state the number of overtime hours, when they were worked, and that the employee can request payment for the overtime at any time. Time off must be taken within 6 months of the overtime being worked, at a time agreed upon by the employer and employee.
If the time off is not taken within 6 months, the employer must pay the employee for the overtime worked.
Here's an example to illustrate this.
Lets say Jane, a full-time cleaner, works 2 hours of overtime on a Monday. She and her employer agree in writing that she will take time off instead of receiving overtime pay. The agreement states that Jane worked 2 overtime hours on Monday and that she can request payment for those hours at the applicable overtime rate at any time.
Jane must take the 2 hours of time off within 6 months, at a time that she and her employer agree upon. If Jane doesn't take the time off within 6 months, her employer must pay her for the 2 hours of overtime at the applicable overtime rate in the next pay period.
If an employee is recalled to work overtime after completing their ordinary hours and leaving the employer's premises, they must be paid for a minimum of 2 hours at the overtime rate, even if they work for less than 2 hours.
If an employee is required to return to work after completing their ordinary hours for administrative duties or a disciplinary/counselling interview, they must be paid at the appropriate rate for a minimum number of hours, depending on the day:
Day |
Rate |
Minimum Hours |
---|---|---|
Mon - Fri |
Ordinary hours rate or applicable penalty |
2 hours |
Saturday |
Appropriate Saturday rate |
3 hours |
Sunday |
Appropriate Sunday rate |
4 hours |
This does not apply if the attendance is continuous with ordinary hours or overtime or if it's for paid training.
In addition to overtime, the award sets out penalty rates for hours worked at specified times or on certain days. These penalty rates apply to the employee's minimum hourly rate and are not paid at the overtime rate.
Period or Day |
Full-time |
Part-time (incl. allowance) |
Casual (incl. loading) |
---|---|---|---|
Mon - Fri shift starting before 6am or finishing after 6pm (excl. public holidays) |
115% |
130% |
140% |
Shift finishing after midnight, no later than 8am (excl. public holidays) |
130% |
130% |
155% |
All hours midnight Fri - midnight Sat |
150% |
165% |
175% |
All hours midnight Sat - midnight Sun |
200% |
215% |
225% |
All hours on a public holiday |
250% |
265% |
275% |
Here's an example to help illustrate penalty rates:
Margaret, a part-time Level 1 employee, works 5-hour shifts on Friday, Saturday, and Sunday from 6pm to 11pm. Her minimum hourly rate is $24.97.
To calculate her pay for the Friday night shift:
For the Saturday shift:
For the Sunday shift:
Margaret's total pay for the three shifts is the sum of the amounts calculated above: $162.30 + $206.00 + $268.45 = $636.75
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Allowance |
Definition |
---|---|
Applies when an employee works a broken shift (two periods of duty in a day with a break of more than one hour, excluding meal and rest breaks). |
|
Paid to employees working for more than one hour in temperatures artificially reduced below 0°C. |
|
Hot Work Allowance |
Paid to employees working for more than one hour in temperatures artificially raised between 46°C and 54°C, or above 54°C. |
Height Allowance |
Applies to employees cleaning from a swing scaffold, boatswain’s chair, or similar device on multi-storied buildings:
|
Applies to employees with first aid qualifications who are appointed in writing to perform first aid duties. |
|
Leading Hand Allowance |
Paid to employees in charge of other workers, with the amount depending on the number of employees supervised: |
Paid to employees spending the majority of their shift collecting, disposing of, or sorting refuse, or feeding an incinerator, furnace, or compactor. |
|
Applies to employees primarily engaged in cleaning toilets for the majority of a day or shift. |
|
Paid when employees are required to work two or more additional hours without prior notice or provided with a meal by the employer. |
|
Vehicle Allowance |
Paid when employees use their own vehicle for work duties by agreement, with rates differing for cars and motorcycles. |
Travel Time and Travel Allowance |
Paid for time spent travelling between workplaces, with the employer covering all associated travel fares. |
Uniform Allowance |
Reimburses employees for the cost of required uniforms not supplied or paid for by the employer. |
Search our database for all relevant allowances to your modern award.
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Annual Leave:
Personal/Carer's Leave:
Long Service Leave:
Public Holidays:
Essential points for employers:
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