The Cleaning Services Award covers most contract cleaning businesses and employees in Australia.
However, there are many complex and nuanced provisions that employers often miss, potentially leading to non-compliance and underpayment.
In this article, we'll dive into seven key aspects of the award that are frequently overlooked or misunderstood.
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.
1. Minimum Engagement Periods for Part-Time and Casual Employees
Unlike full-timers who work a set 38-hour week, part-time and casual employees work varied hours.
However, the award stipulates minimum engagement periods based on the total area of the location being cleaned:
- 1 hour minimum for sites up to 300 sq m (only when a single cleaner is on-site)
- 2 consecutive hours minimum for sites up to 2,000 sq m
- 3 consecutive hours minimum for sites between 2,000-5,000 sq m
- 4 consecutive hours minimum for sites over 5,000 sq m
Even if the cleaner finishes in less time, you must pay them for the full minimum hours.
For example, if Amy works at an 1,800 sq m office, she must be rostered and paid for at least 2 hours each shift, even if she completes the clean in 1.5 hours.
Overlooking these minimums could result in accidental underpayment.
2. Overtime for Part-Time and Casual Employees
- Over 7.6 per day, or
- Over 5 days per week, or
- Over 38 hours total in a week
are considered overtime and paid at overtime rates, even if their total hours are less than 38. Contrast this with permanent employees who only receive overtime after exceeding 38 hours.
For instance, Carlos is a part-time cleaner who works 6-hour shifts. If he works 6 days in a week, the hours on his 6th day are overtime as he has exceeded the 5-day threshold. However, his 36 total hours are still less than the regular 38-hour full-time week.
You must configure your payroll systems to account for these triggers to avoid underpaying part-time and casual overtime.
3. Broken Shift Allowance
The award allows employers to schedule "broken shifts" where a cleaner works two separate blocks in a day, with an unpaid break of over an hour in between (excluding normal meal/rest breaks).
However, each portion worked must meet the minimum engagement period for the site size.
Importantly, cleaners working broken shifts are entitled to an additional allowance of 0.458% of the standard rate per day.
Employers often either forget to pay this allowance or fail to properly define broken shifts in their payroll system. For compliance, it's vital to track which employees work split shifts and to have a payroll process for the extra payment.
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4. Toilet Cleaning Allowance
However, if an employee spends the majority of their actual working time cleaning toilets, the award entitles them to an additional allowance.
This is calculated weekly as a percentage of the standard rate, based on the hours spent:
- 3 hours or less = 0.191%
- More than 3 hours, up to 6 hours = 0.383%
- More than 6 hours, up to 8 hours = 0.766%
While the amount per week may seem nominal, it adds up over time, especially for larger cleaning contracts. Not paying it could lead to backpay claims.
Consider having cleaners log their toilet cleaning hours to ensure anyone exceeding the 3-hour threshold gets the allowance.
5. Leading Hand Allowance
- 1 to 10 employees = 6.1% of the standard weekly rate
- 11 to 20 employees = 8.1%
- More than 20 employees = 10.2%
Problems often arise when cleaners informally take on leading hand duties without being officially classified as such in the payroll system.
Conduct periodic reviews to identify any cleaners acting as de facto supervisors who should receive the allowance. Backpay may be required if they've been overlooked.
6. Travel Time and Fares
Additionally, the employer must pay the full cost of fares associated with the travel, such as public transport tickets or petrol costs. A separate vehicle allowance applies if the cleaner uses their own car.
Problems arise when employers fail to track this travel time or mistakenly have cleaners clock off when travelling.
Ensure you have a robust process for cleaners to log travel and be reimbursed fares. Periodic audits of timesheets can catch potential underpayments.
Back to top7. Right to Disconnect and Non-Cleaning Work
A 2024 addition to the award gives cleaners the "right to disconnect" from work outside their normal hours.
However, one exception is if they're required to return to work for admin purposes, such as a disciplinary meeting. In this case, they must be paid at their usual rate (including any penalties) for a minimum of:
- 2 hours on weekdays
- 3 hours on Saturdays
- 4 hours on Sundays
even if the actual meeting is shorter.
This does not apply if the meeting is immediately before or after their normal shift. Many employers aren't aware of these obligations, so it's important to inform supervisors and payroll of the requirements.
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Key Takeaways
Understanding these nuanced conditions can be challenging, but it's essential for ensuring compliance and avoiding costly underpayment claims.
We recommend conducting regular self-audits of your pay practices, providing comprehensive training to supervisors and managers, and investing in an automated award-interpreted payroll system to reduce risks.
Access our comprehensive eBook guide that summarises the full Cleaning Services Award to help you stay on top of your payroll compliance. The eBook contains a compliance checklist, pay rate cheat sheet and a classification table to make understanding your obligations as simple as possible