Table of Contents - MA000022 Cleaning Services Award 2010

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Individual flexibility arrangements

Part 2—Consultation and Dispute Resolution

8. Consultation about major workplace change

8A. Consultation about changes to rosters or hours of work

9. Consultation regarding change of contract

10. Dispute resolution

11. Dispute resolution procedure training leave

Part 3—Types of Employment and Termination of Employment

12. Employment categories

13. Termination of employment

14. Redundancy

Part 4—Minimum Wages and Related Matters

15. Classifications

16. Minimum wages

17. Allowances

18. Accident pay

19. Higher duties

20. Payment of wages

21. National training wage

22. Supported wage system

23. Superannuation

Part 5—Hours of Work and Related Matters

24. Ordinary hours of work

25. Rostering

26. Breaks

27. Penalty rates

28. Overtime

28A. Requests for flexible working arrangements

Part 6—Leave and Public Holidays

29. Annual leave

30. Personal/carer’s leave and compassionate leave

31. Community service leave

32. Public holidays

33. Leave to deal with Family and Domestic Violence

SCHEDULE A—SAVINGS PROVISIONS
SCHEDULE B—TRANSITIONAL PROVISIONS –OTHER THAN SHOPPING TROLLEY COLLECTION CONTRACTORS
SCHEDULE C—TRANSITIONAL PROVISIONS –FOR EMPLOYEES OF SHOPPING TROLLEY COLLECTION CONTRACTORS
SCHEDULE D—CLASSIFICATIONS
SCHEDULE E—NATIONAL TRAINING WAGE
SCHEDULE F—SUPPORTED WAGE SYSTEM
SCHEDULE G—CLASSIFICATION STRUCTURE—TRANSITION FROM AWARD-BASED TRANSITIONAL INSTRUMENTS TO CLEANING SERVICES AWARD 2010
SCHEDULE H—PART-DAY PUBLIC HOLIDAYS
SCHEDULE I—AGREEMENT TO TAKE ANNUAL LEAVE IN ADVANCE
SCHEDULE J—AGREEMENT TO CASH OUT ANNUAL LEAVE
SCHEDULE K—AGREEMENT FOR TIME OFF INSTEAD OF PAYMENT FOR OVERTIME
Cleaning Services Award 2010

Cleaning Services Award 2010

 

The above award was first made on 3 April 2009 [PR986363]

This consolidated version of the award includes variations made on 24 November 2009 [PR991646]; 17 December 2009 [PR991925]; 24 December 2009 [PR992226]; 12 March 2010 [PR994921]; 26 March 2010 [PR995393]; 31 March 2010 [PR994435]

There are current applications to vary this award: 24 February 2010 [AM2010/20]

NOTE: Transitional provisions may apply to certain clauses - see clause 2 and Schedules A and B

 

Table of Contents

[Varied by PR995393, PR994435]

Part 1 - Application and Operation

1.              Title

2.              Commencement and transitional

3.              Definitions and interpretation

4.              Coverage

5.              Access to the award and the National Employment Standards

6.              The National Employment Standards and this award

7.              Award flexibility

Part 2 - Consultation and Dispute Resolution

8.              Consultation regarding major workplace change

9.              Consultation regarding change of contract

10.              Dispute resolution

11.              Dispute resolution procedure training leave

Part 3 - Types of Employment and Termination of Employment

12.              Employment categories

13.              Termination of employment

14.              Redundancy

Part 4 - Minimum Wages and Related Matters

15.              Classifications

16.              Minimum wages

17.              Allowances

18.              Accident pay

19.              Higher duties

20.              Payment of wages

21.              National training wage

22.              Supported wage system

23.              Superannuation

Part 5 - Hours of Work and Related Matters

24.              Ordinary hours of work

25.              Rostering

26.              Breaks

27.              Penalty rates

28.              Overtime

Part 6 - Leave and Public Holidays

29.              Annual leave

30.              Personal/carer's leave and compassionate leave

31.              Community service leave

32.              Public holidays

Schedule A - Savings Provisions

Schedule B - Transitional Provisions

Schedule C - Classifications

Schedule D - National Training Wage

Appendix D1: Allocation of Traineeships to Wage Levels

Schedule E - Supported Wage System

Schedule F - Classification Structure - Transition from award - based transitional instruments to Cleaning Services Award 2010


Part 1 - Application and Operation

 

1.              Title

This award is the Cleaning Services Award 2010.

2.              Commencement and transitional

2.1              This award commences on 1 January 2010.

2.2              The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Subject to the provisions in Schedule A - Savings Provisions, nothing in this award requires an employer to maintain or increase any overaward payment.

2.3              This award contains transitional arrangements which specify when particular parts of the award come into effect. The transitional arrangements are in Schedule B - Transitional Provisions. The transitional arrangements in Schedule B deal with:

·              minimum wages;

·              casual or part - time loadings;

·              Saturday, Sunday, public holiday, evening or other penalties; and

·              shift allowances/penalties.

2.4              Neither the making of this award, nor the operation of any transitional arrangements, is intended to result in a reduction in the take - home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take - home pay as a result of the making of this award or the operation of any transitional arrangements, Fair Work Australia may make any order it considers appropriate to remedy the situation.

2.5              Fair Work Australia may review the transitional arrangements in this award and make a determination varying the award.

2.6              Fair Work Australia may review the transitional arrangements:

(a)              on its own initiative; or

(b)              on application by an employer, employee or organisation covered by the modern award; or

(c)              on application by an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award.

3.              Definitions and interpretation

[Varied by PR994435]

3.1              In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth)

[Definition of agreement - based transitional instrument inserted by PR994435 from 01Jan10]

agreement - based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

award - based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

change of contract means the termination of a particular contract for cleaning services with an employer and the commencement of a new contract with a different employer to perform similar work at the same location

cleaning area means the area that the employer is contracted to clean, including internal areas, offices, toilets, kitchens and all other common/public areas but excluding car parks

[Definition of Commission deleted by PR994435 from 01Jan10]

[Definition of employee substituted by PR994435 from 01Jan10]

employee means a national system employee as defined in sections 13 and 30C of the Act

[Definition of employer substituted by PR994435 from 01Jan10]

employer means a national system employer as defined in sections 14 and 30D of the Act

[Definition of enterprise award deleted by PR994435 from 01Jan10]

[Definition of enterprise award - based instrument inserted by PR994435 from 01Jan10]

enterprise award - based instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of enterprise NAPSA deleted by PR994435 from 01Jan10]

[Definition of NAPSA substituted by PR994435 from 01Jan10]

NAPSA means notional agreement preserving a State award and has the meaning in the Workplace Relations Act 1996 (Cth)

[Definition of NES substituted by PR994435 from 01Jan10]

NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth)

[Definition of on - hire inserted by PR994435 from 01Jan10]

on - hire means the on - hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client

ordinary hourly rate means the minimum hourly rate of pay for the relevant classification in clause 16 - Minimum wages

ordinary pay is defined in clause 29.3

public holiday means a day identified as a public holiday in the NES

shiftworker is defined in clause 29.2

standard rate means the minimum weekly wage for a Cleaning Services Employee Level 1 in clause 16 - Minimum wages

[Definition of transitional minimum wage instrument inserted by PR994435 from 01Jan10]

transitional minimum wage instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

3.2              Where this award refers to a condition of employment provided for in the NES, the NES definition applies.

4.              Coverage

[Varied by PR994435]

4.1              This industry award covers employers throughout Australia in the contract cleaning services industry and their employees in the classifications listed in Schedule C - Classifications to the exclusion of any other modern award.

4.2              The contract cleaning services industry means the business of providing cleaning services under a contract and includes:

(a)              cleaning (including event cleaning, trolley collection and hygiene and pollution control but excluding trolley collection covered by the General Retail Industry Award 2010); and

(b)              minor property maintenance which is incidental or peripheral to cleaning.

4.3              For the purpose 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 and exhibitions.

4.4              The award does not cover an employee excluded from award coverage by the Act.

[4.5 substituted by PR994435 from 01Jan10]

4.5              The award does not cover employees who are covered by a modern enterprise award, or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.

[New 4.6, 4.7 and 4.8 inserted by PR994435 from 01Jan10]

4.6              The award does not cover employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.

4.7              This award covers any employer which supplies labour on an on - hire basis in the industry set out in clause 4.1 in respect of on - hire employees in classifications covered by this award, and those on - hire employees, while engaged in the performance of work for a business in that industry. This subclause operates subject to the exclusions from coverage in this award.

4.8              This award covers employers which provide group training services for trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. This subclause operates subject to the exclusions from coverage in this award.

[4.6 and 4.7 renumbered as 4.9 and varied by PR994435 from 01Jan10]

4.9              To avoid doubt this award does not apply to an employer merely because that employer, as an incidental part of a business that is covered by another award has employees who perform functions referred to in clause 4.2 or in the classification descriptions referred to in Schedule C.

NOTE: Where an employer is covered by more than one award, an employee of that employer is covered by the classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

5.              Access to the award and the National Employment Standards

The employer must ensure that copies of this award and the NES are available to all employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.

6.              The National Employment Standards and this award

The NES and this award contain the minimum conditions of employment for employees covered by this award.

7.              Award flexibility

7.1              Notwithstanding any other provision of this award, an employer and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning:

(a)              arrangements for when work is performed;

(b)              overtime rates;

(c)              penalty rates;

(d)              allowances; and

(e)              leave loading.

7.2              The employer and the individual employee must have genuinely made the agreement without coercion or duress.

7.3              The agreement between the employer and the individual employee must:

(a)              be confined to a variation in the application of one or more of the terms listed in clause 7.1; and

(b)              result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to.

7.4              The agreement between the employer and the individual employee must also:

(a)              be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee's parent or guardian;

(b)              state each term of this award that the employer and the individual employee have agreed to vary;

(c)              detail how the application of each term has been varied by agreement between the employer and the individual employee;

(d)              detail how the agreement results in the individual employee being better off overall in relation to the individual employee's terms and conditions of employment; and

(e)              state the date the agreement commences to operate.

7.5              The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.

7.6              Except as provided in clause 7.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.

7.7              An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee's understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal.

7.8              The agreement may be terminated:

(a)              by the employer or the individual employee giving four weeks' notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or

(b)              at any time, by written agreement between the employer and the individual employee.

7.9              The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this award.

Part 2 - Consultation and Dispute Resolution

 

8.              Consultation regarding major workplace change

8.1              Employer to notify

(a)              Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must notify the employees who may be affected by the proposed changes and their representative or representatives, if any.

(b)              Significant effects include termination of employment; major changes in the composition, operation or size of the employer's workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.

8.2              Employer to discuss change

(a)              The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 8.1, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.

(b)              The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 8.1.

(c)              For the purposes of such discussion, the employer must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer's interests.

9.              Consultation regarding change of contract

In addition to clause 8 - Consultation regarding major workplace change, where a decision is made by an employer to relinquish a cleaning contract, or a decision is made by a principal that is likely to bring about a change of contract, the following will apply:

9.1              The employer is required to notify employees 28 days, or as soon as practicable, before an existing cleaning contract is due to expire, or when the employer has been notified that the contract has been terminated.

9.2              The notification to employees must be in writing, containing options (if any) for suitable alternative employment for employees with the employer in the event that the contract is terminated. The employer must notify those employees who are to be offered suitable alternative employment, identify the site, the hours of work and the rates of pay proposed. The employer must provide to the successful tenderer a list of employees who have given permission for their details to be so provided and who wish to be considered for employment by the incoming contractor.

9.3              Employees who are not offered suitable alternative employment with their employer must be notified in writing by their employer, and the notice must contain details of the employee's entitlements (including accrued annual leave) and a statement of service (including length of service, hours of work, classification and shift configuration).

9.4              The employer must facilitate a meeting between the incoming contractor and outgoing employees who are not offered suitable alternative employment with the employer.

10.              Dispute resolution

[Varied by PR994435]

10.1              In the event of a dispute about a matter under this award, or a dispute in relation to the NES, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.

[10.2 varied by PR994435 from 01Jan10]

10.2              If a dispute about a matter under this award or a dispute in relation to the NES is unable to be resolved at the workplace, and all appropriate steps under clause 0 have been taken, a party to the dispute may refer the dispute to Fair Work Australia.

[10.3 varied by PR994435 from 01Jan10]

10.3              The parties may agree on the process to be utilised by Fair Work Australia including mediation, conciliation and consent arbitration.

[10.4 varied by PR994435 from 01Jan10]

10.4              Where the matter in dispute remains unresolved Fair Work Australia may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.

10.5              An employer or employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause.

10.6              While the dispute resolution procedure is being conducted, work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by the employer to perform other available work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.

11.              Dispute resolution procedure training leave

11.1              Subject to clauses 11.7, 11.8 and 11.9, an eligible employee representative is entitled to, and the employer must grant, up to five days training leave with pay to attend courses which are directed at the enhancement of the operation of the dispute resolution procedure including its operation in connection with this award and with the Act, or with any relevant agreement that provides it is to be read in conjunction with this award.

11.2              An eligible employee representative must give the employer six weeks' notice of the employee representative's intention to attend such courses and the leave to be taken, or such shorter period of notice as the employer may agree to accept.

11.3              The notice to the employer must include details of the type, content and duration of the course to be attended.

11.4              The taking of such leave must be arranged having regard to the operational requirements of the employer so as to minimise any adverse effect on those requirements.

11.5              An eligible employee representative taking such leave must be paid the wages the employee would have received in respect of the ordinary time the employee would have worked had they not been on leave during the relevant period.

11.6              Leave of absence granted pursuant to this clause counts as service for all purposes of this award.

11.7              For the purpose of determining the entitlement of employee representatives to dispute resolution procedure training leave, an eligible employee representative is an employee:

(a)              who is a shop steward, a delegate, or an employee representative duly elected or appointed by the employees in an enterprise or workplace generally or collectively for all or part of an enterprise or workplace for the purpose of representing those employees in the dispute resolution procedure; and

(b)              who is within the class and number of employee representatives entitled from year to year to take paid dispute resolution training leave according to the following quota table:

Number of employees employed by the employer

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

11.8              Where the number of eligible employee representatives exceeds the quota at any particular time, priority of entitlement for the relevant year will be resolved by agreement between those entitled or, if not agreed, will be given to the more senior of the employee representatives otherwise eligible who seeks leave.

11.9              For the purpose of applying the quota table, employees employed by the employer under this award are full - time, part - time and casual employees covered by this award with six months or more service who are employed by the employer and engaged in the enterprise or workplace to which the procedure established under clause 10 - Dispute resolution applies.

Part 3 - Types of Employment and Termination of Employment

 

12.              Employment categories

[Varied by PR995393]

12.1              Employees under this award will be employed in one of the following categories:

(a)              full - time employment;

(b)              part - time employment; or

(c)              casual employment.

12.2              At the time of engagement, an employer will inform each employee of the terms of their engagement and in particular whether or not they are to be full - time, part - time or casual, their usual location of work and the employee's classification. This will then be recorded in the time and wages record of the employee.

12.3              Full - time employment

A full - time employee is an ongoing employee engaged to work an average of 38 ordinary hours per week. Such hours are to be arranged in accordance with clause 24 - Ordinary hours of work.

12.4              Part - time employment

(a)              An employer may employ a part - time employee in any classification in this award. At the time of engagement the employer and the part - time employee will agree in writing on a regular pattern of work, specifying at least the hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day.

(b)              A part - time employee is an employee who:

(i)              is engaged to work less than the full - time hours of 38 per week;

(ii)              has reasonably predictable hours of work; and

(iii)              receives, in addition to the hourly rate for a full - time employee, an allowance of 15% of the hourly rate. This allowance allows the employer to roster a part - time employee to work up to 7.6 hours per day, five days per week or 38 ordinary hours per week without the payment of overtime.

(c)              An employer is required to roster a part - time employee in accordance with the provisions of clause 25 - Rostering, and for a minimum number of hours in accordance with clause 24.2.

(d)              Where clause 25 - Rostering does not apply, any requirement by an employer that a part - time employee works hours in addition to those specified in accordance with clause 12.4(a) will be subject to the provisions of clause 28 - Overtime.

(e)              Subject to clause 12.4(b)(iii), a part - time employee receives, on a pro rata basis, equivalent pay and conditions to those of full - time employees who do the same kind of work.

12.5              Casual employment

Casual employees may only be engaged to perform work on an intermittent or irregular basis or to work uncertain hours or to replace a weekly employee who is rostered off or absent.

(a)              Casual loading

[12.5(a) substituted by PR995393 ppc 26Mar10]

Casual employees will be paid, in addition to the ordinary hourly rates and rates payable for shift, weekend and overtime work that apply to full - time employees, an additional loading of 25% of the ordinary hourly rate for the classification under which they are employed.

13.              Termination of employment

13.1              Notice of termination is provided for in the NES.

13.2              Notice of termination by an employee

(a)              The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned.

(b)              If an employee fails to give the notice specified in clause 13.2(a) the employer may withhold from any monies due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.

13.3              Job search entitlement

Where an employer has given notice of termination to an employee, an employee must be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.

14.              Redundancy

[Varied by PR994435]

14.1              Redundancy pay is provided for in the NES.

14.2              Transfer to lower paid duties

Where an employee is transferred to lower paid duties by reason of redundancy, the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may, at the employer's option, make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rate for the number of weeks of notice still owing.

14.3              Employee leaving during notice period

An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice, but is not entitled to payment instead of notice.

14.4              Job search entitlement

(a)              An employee given notice of termination in circumstances of redundancy must be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment.

(b)              If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee must, at the request of the employer, produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.

(c)              This entitlement applies instead of clause 13.3.

14.5              Change of contract

(a)              This clause applies in addition to clause 9 - Consultation regarding 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.

14.6              Transitional provisions

(a)              Subject to clause 14.6(b) an employee whose employment is terminated by an employer is entitled to redundancy pay in accordance with the terms of an award - based transitional instrument:

[14.6(a)(i) substituted by PR994435 from 01Jan10]

(i)              that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement - based transitional instrument or enterprise agreement had applied to the employee; and

(ii)              that would have entitled the employee to redundancy pay in excess of the employee's entitlement to redundancy pay, if any, under the NES.

(b)              The employee's entitlement to redundancy pay under the award - based transitional instrument is limited to the amount of redundancy pay which exceeds the employee's entitlement to redundancy pay, if any, under the NES.

(c)              This clause does not operate to diminish an employee's entitlement to redundancy pay under any other instrument.

(d)              Clause 14.6 ceases to operate on 31 December 2014.

Part 4 - Minimum Wages and Related Matters

 

15.              Classifications

15.1              Classifications are set out in Schedule C - Classifications. An employee, other than an excluded employee, must be employed in a classification in Schedule C and paid as such.

15.2              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.

16.              Minimum wages

An employer must pay full - time employees minimum weekly wages for ordinary hours (exclusive of penalties and allowances) as follows:

Classification

Minimum weekly rate

Minimum hourly rate

Cleaning Service Employee

$

$

Level 1

582.80

15.34

Level 2

603.90

15.89

Level 3

637.60

16.78

17.              Allowances

[Varied by PR994435]

An employer must pay to an employee such allowances as the employee is entitled to under this clause at the following rates. (With the exception of expense related allowances, which are expressed as a monetary amount, allowances are expressed as a percentage of the standard rate being the minimum weekly wage for the Cleaning Services Employee (CSE) Level 1 classification set out in clause 16 - Minimum wages):

17.1              Broken shift allowance

An employee who is required to work two shifts in one day or period of duty (excluding meal breaks) will be paid an additional allowance of 0.458% of the standard rate per day up to a maximum of 2.29% of the standard rate per week.

17.2              Disability allowances

(a)              Cold places

An employee working for more than one hour in a place or places where the temperature is reduced by artificial means below zero degrees Celsius will be paid an additional 0.067% of the standard rate per hour.

Where the work continues for more than two hours, employees will be entitled to a rest period of 20 minutes every two hours without loss of pay.

(b)              Hot places

An employee working for more than one hour:

(i)              in a place or places where the temperature is raised by artificial means to between 46 degrees Celsius and 54 degrees Celsius will be paid an additional 0.067% of the standard rate per hour; and/or

(ii)              in a place or places where the temperature exceeds 54 degrees Celsius will be paid an additional 0.081% of the standard rate per hour.

Where work continues for more than two hours in temperatures exceeding 54 degrees Celsius, employees will be entitled to 20 minutes rest every two hours without loss of pay.

(c)              Height

An employee engaged in cleaning from a swing scaffold, boatswain's chair or other similar device on the outside of multi - storied buildings:

(i)              up to and including the 22nd floor above ground level will be paid an additional allowance of 0.108% of the standard rate per hour or part of an hour; and/or

(ii)              when working above the 22nd floor above ground floor level will be paid an additional allowance of 0.221% of the standard rate per hour or part of an hour.

17.3              District allowances

(a)              Northern Territory

An employee in the Northern Territory is entitled to payment of a district allowance in accordance with the terms of an award made under the Workplace Relations Act 1996 (Cth):

[17.3(a)(i) substituted by PR994435 from 01Jan10]

(i)              that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement - based transitional instrument or enterprise agreement had applied to the employee; and

(ii)              that would have entitled the employee to payment of a district allowance.

(b)              Western Australia

[17.3(b) substituted by PR994435 from 01Jan10]

An employee in Western Australia is entitled to payment of a district allowance in accordance with the terms of a notional agreement preserving a State award or an award made under the Workplace Relations Act 1996 (Cth):

(i)              that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement - based transitional instrument or enterprise agreement had applied to the employee; and

(ii)              that would have entitled the employee to payment of a district allowance.

(c)              Clause 17.3 ceases to operate on 31 December 2014.

17.4              Employee using own transport

An employee who by agreement with the employer uses their own motor vehicle in the course of their work will be paid an allowance of $0.74 per kilometre travelled. Where a motor cycle is used the allowance will be $0.25 per kilometre travelled.

17.5              First aid allowance

An employee who has been trained to render first aid and who is the current holder of appropriate first aid qualifications (such as a certificate from St John Ambulance or a similar body) will be paid an amount of 1.64% of the standard rate per week if they are appointed in writing by their employer to perform first aid duty.

17.6              Leading hand allowance

An employee placed in charge of other employees will be paid the following amounts in addition to their classification rate of pay:

Number of employees

% of the standard rate per week

1 to 10 employees

6.00

11 to 20 employees

7.72

Over 20 employees

9.44

17.7              Meal allowance

An employee required to work an additional two hours without being notified on the previous day or earlier that they will be so required to work will be paid a meal allowance of $10.14 or supplied with a meal instead.

17.8              Refuse collection

An employee engaged for the major portion of their time on refuse collection and/or disposal and/or sorting or feeding incinerators, furnaces or compactors, will be paid an allowance of 0.456% of the standard rate for each shift worked.

17.9              Toilet cleaning allowance

An employee engaged for the major portion of a day or shift in cleaning toilets will be paid an allowance of 1.766% of the standard rate per week or 0.359% of the standard rate per shift.

17.10              Travel time and fares

If an employee is required by the employer to travel from one place of work to another, all time so occupied by the employee will be deemed to be working time and will be paid for at the appropriate rate. All fares associated with such travel will be paid for by the employer.

17.11              Uniform allowance

All employees will be provided with sufficient uniforms by the employer or otherwise reimbursed for the expense of providing their own uniforms. The employer will provide additional uniforms upon reasonable request by an employee.

17.12              Adjustment of expense - related allowances

At the time of any adjustment to the standard rate, each expense - related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.

The applicable index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:

Allowance

Applicable Consumer Price Index figure

Meal allowance

Take away and fast foods sub - group

Vehicle allowance

Private motoring sub - group

18.              Accident pay

[Varied by PR994435]

18.1              Subject to clause 18.2, an employee is entitled to accident pay in accordance with the terms of:

[18.1(a) substituted by PR994435 from 01Jan10]

(a)              a notional agreement preserving a State award that would have applied to the employee immediately prior to 1 January 2010 or an award made under the Workplace Relations Act 1996 (Cth) that would have applied to the employee immediately prior to 27 March 2006, if the employee had at that time been in their current circumstances of employment and no agreement - based transitional instrument or enterprise agreement had applied to the employee; and

(b)              that would have entitled the employee to accident pay in excess of the employee's entitlement to accident pay, if any, under any other instrument.

[18.2 substituted by PR994435 from 01Jan10]

18.2              The employee's entitlement to accident pay under the notional agreement preserving a State award or award is limited to the amount of accident pay which exceeds the employee's entitlement to accident pay, if any, under any other instrument.

18.3              This clause does not operate to diminish an employee's entitlement to accident pay under any other instrument.

18.4              This clause ceases to operate on 31 December 2014.

19.              Higher duties

19.1              An employee who is required to do work for which a higher rate is fixed than that provided for their ordinary duties will, if such work exceeds a total of four hours on any day, be paid for all work done on such day at the higher rate.

19.2              If such work does not exceed four hours on any day the employee will be paid the higher rate for the actual time worked.

20.              Payment of wages

20.1              Wages will be paid either weekly or fortnightly. Payment will be made to the employee no later than Thursday in each pay week.

20.2              The employer may elect to pay wages either in cash or by electronic funds transfer (EFT) into an account nominated by the employee with a bank or other financial institution. Provided that the employer and an employee may agree that wages be paid in cash.

20.3              Where a cash payment occurs or the employer fails to transfer wages by EFT, an employee left waiting will be paid at ordinary rates until such time as the wages are paid.

20.4              Where a public holiday falls on the normal pay day or the day following the normal pay day, the wages will be paid on the ordinary working day preceding the normal pay day, or on another day if agreed between the employer and an employee.

21.              National training wage

See Schedule D

22.              Supported wage system

See Schedule E

23.              Superannuation

[Varied by PR994921, PR994435]

23.1              Superannuation legislation

(a)              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), deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund, any superannuation fund nominated in the award covering the employee applies.

(b)              The rights and obligations in these clauses supplement those in superannuation legislation.

23.2              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.

23.3              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 23.2.

(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 clause 23.3(a) and (b) no later than 28 days after the end of the month in which the deduction authorised under clause 23.3(a) or (b) was made.

23.4              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 23.2 and pay the amount authorised under clauses 23.3(a) and (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.

23.5              Superannuation fund

[23.5 varied by PR994435 from 01Jan10]

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 23.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 23.2 and pay the amount authorised under clause 23.3(a) and (b) to one of the following superannuation funds or its successor:

(a)              AustralianSuper;

(b)              SunSuper;

[23.5(c) inserted by PR994921 ppc 12Mar10]

(c)              Westscheme; or

[23.5(c) renumbered as 23.5(d) by PR994921 ppc 12Mar10]

(d)              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.

Part 5 - Hours of Work and Related Matters

 

24.              Ordinary hours of work

[Varied by PR995393]

24.1              Full - time employees

(a)              The ordinary working hours for full - time employees (as defined in clause 12.3) will not exceed 38 hours per week to be worked, except for meal breaks, in periods of not more than 7.6 hours per day in not more than five days on any day Monday to Sunday inclusive.

(b)              However, ordinary hours can average 38 per week to be worked in not more than 152 hours over a four week cycle, on any day Monday to Sunday inclusive.

(c)              The average of 38 hours per week is to be worked in the following ways:

(i)              five days of not more than 7.6 hours per day;

(ii)              a 19 day month of eight hours per day;

(iii)              152 hours within a work cycle not exceeding 28 consecutive days in establishments where the method of banking of rostered days off is implemented; or

(iv)              by mutual agreement between the employer and the majority of employees, employees may be rostered for up to 10 hours per day, thus enabling a week day off to be taken more frequently than would otherwise apply.

(d)              Where a system of working is adopted to allow one rostered day off in each four week cycle or the banking of rostered days off, an employee will not be entitled to more than 12 such rostered days off in any 12 month period.

(e)              The ordinary hours of work having been determined by the employer and employee in accordance with clause 24.1(c) will not be altered without the giving of one week's notice except in the case of emergency.

(f)              Once a cycle has been agreed upon and implemented, it must not be varied until that cycle has been completed.

24.2              Part - time and casual employees

[New 24.2(a) inserted by PR995393 ppc 26Mar10]

(a)              The ordinary hours of work will be worked, except for meal breaks, in periods of not more than 7.6 hours per day, on not more than five days, Monday to Sunday inclusive.

[24.2(a) to (h) renumbered as 24.2(b) to (i) by PR995393 ppc 26Mar10]

(b)              The employer will roster part - time and casual employees for the following minimum engagement periods, but in the event that the employer does not require employees to work for the full period of the minimum engagement, the employer must pay employees as if they had worked the minimum period.

(c)              Where only one employee is engaged at a small stand alone location with a total cleaning area (as defined) of 300 square metres or less, and where it is not practicable for a longer shift to be worked across two or more locations, the minimum engagement will be for one hour.

(d)              Where employees are engaged at a location with a total cleaning area (as defined) of up to 2000 square metres the minimum engagement will be for two hours.

(e)              Where employees are engaged at a location with a total cleaning area (as defined) of between 2000 and 5000 square metres the minimum engagement will be for three hours.

(f)              Where employees are engaged at a location with a total cleaning area (as defined) of more than 5000 square metres the minimum engagement will be for four hours.

(g)              The minimum engagements of three and four hours provided for in clauses 24.2(e) and (f) will operate from the date when a contract changes at a site or building between 1 January 2010 and 31 December 2014.

(h)              Transitional arrangements

The following will continue to apply to ongoing contracts after 1 January 2010 until there is a change of contract, or until 31 December 2014 whichever is the sooner:

(i)              For all States and Territories (excluding New South Wales and the ACT) the minimum engagement for part - time and casual employees will be:

·              three hours on a Sunday or Public holiday; and

·              two hours on a Monday to Saturday.

Provided that where the employee is the sole person employed on the premises, on a Monday to Saturday, the minimum will be one hour.

(ii)              For New South Wales and the ACT, the minimum engagement for part - time and casual employees will be:

·              three hours at the appropriate hourly rate for each start.

Provided that where one employee is employed at a small location, the employee will work and be paid on a one shift basis of no less than two hours where the total cleaning area (as defined) is 500 square metres or more and no less than one hour when the total cleaning area (as defined) is less than 500 square metres.

24.3              Breaks between shifts

(a)              The employer must give an employee a break of at least eight consecutive hours between the completion of their ordinary hours of work on any day and the commencement of ordinary hours of work on the next day.

(b)              Where an employer requires an employee to continue or resume work without allowing the employee to have eight consecutive hours off duty, the employer must pay the employee at overtime rates until the employee is released from duty for at least eight consecutive hours. The employee will then be entitled to be absent until they have had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

24.4              Days off per week

Each employee will be entitled to two consecutive full days off within each seven day cycle.

25.              Rostering

25.1              A roster for all employees showing normal starting and finishing times and the name of each employee must be prepared by the employer and must be posted in a conspicuous place accessible to the employees concerned.

25.2              The roster will be alterable on seven days' notice, or on lesser notice in the case of emergency or by agreement between the employer and employee. Such agreement will be recorded in the employee's time and wages records.

25.3              Part - time employees only

Subject to clause 12.4(b)(iii), part - time employees are to be rostered in accordance with clauses 25.1 and 25.2 except that ordinary hours will be less than 38 hours per week.

26.              Breaks

26.1              Shiftworkers

A paid meal break for shiftworkers, (being employees who work a shift that attracts the penalty in clause 27.1) of not less than 20 minutes will be allowed not earlier than four hours nor later than five hours after the time of commencement of each shift. A further 10 minute paid tea break will be given to all full - time shiftworkers working a straight shift.

26.2              Non - shiftworkers

An unpaid meal break for non - shiftworkers of not less than 30 minutes and not more than one hour will be allowed for a meal. An employee will not be required to work for more than four and one half hours without a meal break except in cases of emergency when the time may be extended to five hours. A 10 minute paid morning tea break and a 10 minute paid afternoon tea break will be given to all day workers and broken shiftworkers.

26.3              All employees

(a)              If an employee is interrupted during their normal meal break and directed to work, the employee will be paid at overtime rates for all work done until such time as the meal break is resumed.

(b)              An employee working overtime will be allowed a meal break of 20 minutes without deduction of pay after each four hours of overtime worked.

27.              Penalty rates

[Varied by PR995393]

27.1              Shiftwork

(a)              Early morning, afternoon and non - permanent night shift

All early morning, afternoon and non - permanent night shiftworkers will be paid an additional 15% of the ordinary hourly rate for the appropriate classification for all shiftwork. For the purposes of this clause shiftwork will mean any shift Monday to Friday starting before 6.00 am or any shift finishing after 6.00 pm. Employees will receive the shiftwork hourly rates of pay for the entire shift (other than overtime).

(b)              Permanent night shift

[27.1(b) substituted by PR995393 ppc 26Mar10]

If a night shift, being a period of duty finishing after midnight and at or before 8.00 am, does not rotate or alternate with another shift or day work, then a permanent night shift loading of 30% of the ordinary hourly rate for the appropriate classification will be paid for all hours worked. Provided that where a part - time employee is in receipt of this loading they will not also be entitled to be paid the 15% allowance provided for in clause 12.4(b)(iii).

27.2              Weekend penalties

(a)              Saturday work

For all hours worked between midnight Friday and midnight Saturday an employee will be paid time and one half of the ordinary hourly rate for their classification.

(b)              Sunday work

For all hours worked between midnight Saturday and midnight Sunday, an employee will be paid double the ordinary hourly rate for their classification.

27.3              Public holiday work

For all hours worked on public holidays an employee will be paid double time and one half of the ordinary hourly rate for their classification.

28.              Overtime

28.1              An employer may require an employee to work reasonable overtime at overtime rates. An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:

(a)              any risk to employee health and safety;

(b)              the employee's personal circumstances including any family responsibilities;

(c)              the needs of the workplace or enterprise;

(d)              the notice (if any) given by the employer of the overtime and by the employee of their intention to refuse it; and

(e)              any other relevant matter.

28.2              Overtime, worked from midnight Sunday to midnight Saturday will be paid at the rate of time and a half for the first two hours and double time thereafter.

28.3              Overtime worked on Sundays will be paid at the rate of double time.

28.4              Overtime worked on Public holidays will be paid at the rate of double time and one half.

28.5              All time worked by full - time employees outside the rostered hours as agreed pursuant to clause 25.1 is overtime.

28.6              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 is overtime.

28.7              In computing overtime payments each day's work will stand alone.

28.8              Where an employee, following the completion of their ordinary hours leaves the workplace and is recalled to duty at any workplace of the employer, overtime payments will apply for a minimum of two hours. However the interval between the completion of ordinary hours and the commencement of overtime will not be regarded as time worked.

28.9              Where an employer and an employee agree time off instead of payment for overtime worked may be taken provided that such time off instead is taken no longer than four weeks after the overtime is worked.

(a)              For the purposes of this clause time off instead will be calculated on an hour for hour basis, that is one hour for each hour worked.

(b)              Where time off instead is not taken within four weeks of accrual the employer will pay the overtime at the rate provided for in this clause.

(c)              If an employee resigns or their employment is terminated prior to taking time off instead of accrued overtime, then the overtime will be paid as if they had not agreed to take time off instead.

Part 6 - Leave and Public Holidays

 

29.              Annual leave

[Varied by PR995393]

29.1              Annual leave is provided for in the NES. Annual leave does not apply to casual employees. This clause supplements or deals with matters incidental to the NES provisions.

29.2              Definition of shiftworker

(a)              For the purposes of the NES, a shiftworker is an employee:

(i)              who works a roster and who, over the roster cycle, may be rostered to work ordinary shifts on any of the seven days of the week; and

(ii)              who is regularly rostered to work on Sundays and public holidays.

(b)              Where an employee with 12 months' continuous service is engaged for any part of the 12 month period as a shiftworker, that employee must have their annual leave increased by one half day for each month the employee is continuously engaged as a seven day shiftworker, provided that a limit of 10 months in any year will be counted towards the additional leave accrual.

29.3              Definition of ordinary pay

For the purposes of payment of annual leave, an employee's ordinary pay means remuneration for the employee's normal weekly number of hours of work calculated at the ordinary time rate of pay and in addition will include:

(a)              leading hand allowance;

(b)              first aid allowance;

(c)              penalty rates paid for shiftwork or rostered ordinary hours of work on Saturday and/or Sunday; and

[29.3(d) inserted by PR995393 ppc 26Mar10]

(d)              part - time allowance for part - time employees working shiftwork (Monday to Friday) or rostered ordinary hours on a Saturday and/or a Sunday.

29.4              Payment of annual leave

(a)              The terms of the NES prescribe the basis for payment for annual leave, including payment for untaken leave upon the termination of employment. In addition to the terms of the NES, an employer is required to pay an additional leave loading of 17.5% calculated on an employee's ordinary time rate of pay.

[29.4(b) substituted by PR995393 ppc 26Mar10]

(b)              Provided that where the employee would have received a saved or transitional rate of pay, or shift, weekend (Saturday or Sunday), or public holiday penalty payments according to the roster or projected roster, had the employee not been on leave during the relevant period, and such saved, transitional or penalty payments would have entitled to employee to a greater amount than the loading of 17.5% on the rates set out in clause 16 - Minimum wages of this award, then such rates will be paid instead of the 17.5% loading.

29.5              Leave allowed before due date

By agreement between an employer and an employee a period of annual leave may be taken in advance of the entitlement accruing. Provided that if leave is taken in advance and the employment terminates before the entitlement has accrued, the employer may make a corresponding deduction from any money due to the employee on termination.

29.6              Annual close - down

Where the client of an employer in the contract cleaning industry intends temporarily to close or reduce to a nucleus the establishment or a section thereof for the purposes of allowing annual leave to that client employer's employees the following provisions may apply:

(a)              The employer may give in writing to such employees one month's notice (or in the case of an employee engaged after the giving of such notice, on engagement) of their intention to apply the provisions of this clause.

(b)              Any employee given notice under clause 29.6(a) who at the date of closing is entitled to annual leave will be given such leave commencing from the date of the close - down and, in addition, will be paid 1/12th of their ordinary pay for any period of employment after accrual of their right to annual leave and up to but excluding the date of closing.

(c)              Any employee given notice under clause 29.6(a) who at the date of close down is not entitled to annual leave will be paid 1/12th of their ordinary pay for the period between engagement and the date of the close - down. Where practicable such an employee will be employed at another of the employer's sites for the balance of the period of the close down.

(d)              For the purposes of accruing annual leave, the next 12 month qualifying period of employment for an employee subject to this clause commences on the date of the close - down.

(e)              The close - down period will be limited to four weeks, plus any public holidays that fall during the period of the close down.

(f)              All public holidays that fall during a close - down period will be added to the period of paid leave.

(g)              In this clause date of closing in relation to each employee means the first day of the employees annual leave pursuant to this clause.

29.7              Payment of accrued annual leave on termination

Where an employee is entitled to payment of untaken annual leave on termination of employment under the terms of the NES, the employer must also pay the employee a loading of 17.5% calculated on an employee's ordinary time rate of pay. The loading is payable on leave accrued but not taken with respect to completed years of service only.

30.              Personal/carer's leave and compassionate leave

Personal/carer's leave and compassionate leave are provided for in the NES.

31.              Community service leave

Community service leave is provided for in the NES.

32.              Public holidays

32.1              Public holidays are provided for in the NES.

32.2              Substitution of public holidays by agreement

By agreement between the employer and the majority of employees in an enterprise another day may be substituted for a public holiday.

 


Schedule A - Savings Provisions

[Sched A substituted by PR995393 ppc 26Mar10]

A.1              General

A.1.1              The provisions of this schedule deal with minimum obligations only.

A.1.2              The provisions of this schedule are to be applied when there is a difference, in money or percentage terms, between a provision in a relevant transitional minimum wage instrument (including the transitional default casual loading) or award - based transitional instrument on the one hand and an equivalent provision in this award on the other.

A.1.3              To avoid doubt, this schedule provides for saved rates for employees who were employed as at 31 December 2009, subject to the following conditions.

A.2              Minimum wages - existing minimum wage higher

Note:  The provisions of clause A.7 only apply to an employee employed pursuant:

·              to an award - based transitional instrument that would have applied immediately prior to 1 January 2010; or

·              an award made under the Workplace Relations Act 1996 (Cth) that would have applied to the employee immediately prior to 1 January 2010;

if the employee had been at that time in the current circumstances of employment and the employee is either continuously employed by the same employer; or upon a change of contract, accepts employment with the new contractor and the employee was entitled to a higher hourly rate under the award - based transitional instrument, than this award.  Where this applies, the employee will continue to receive the higher hourly rate.

A.2.1              The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:

(a)              was obliged,

(b)              but for the operation of an agreement - based transitional instrument or an enterprise agreement would have been obliged, or

(c)              if it had been an employer in the industry or of the occupations covered by this award would have been obliged

by a transitional minimum wage instrument and/or an award - based transitional instrument to pay a minimum wage or loading and/or penalty rate higher than that in this award for any classification of employee.

A.2.2              In this clause minimum wage includes:

(a)              a minimum wage for a junior employee, an employee to whom training arrangements apply and an employee with a disability;

(b)              a piecework rate;

(c)              any applicable industry allowance; and

(d)              any loading or penalty rate set out below.

A.2.3              The employer must apply any increase in minimum wages in this award resulting from an annual wage review.  If the transitional amount is equal to or less than any increase in minimum wages resulting from the 2010 annual review (or subsequent reviews during the transition period from 1 January 2010 to 31 December 2014), the transitional amount is to be set off against the increase and other provisions of this clause will not apply.

A.2.4              Prior to 1 January 2010, the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award - based transitional instrument for the classification concerned.

A.2.5              These provisions cease to operate from the beginning of the first full pay period on or after 31 December 2014.

A.3              Loadings and penalty rates

A.3.1              For the purposes of this schedule loading or penalty means a:

·              casual loading;

·              Saturday, Sunday, public holiday, evening or other penalty;

·              shift allowance/penalty.

A.4              Loadings and penalty rates - existing loading or penalty higher

A.4.1              The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:

(a)              was obliged;

(b)              but for the operation of an agreement based transitional instrument would have been obliged, or

(c)              if it had been an employer in the industry or of the occupations covered by this award would have been obliged by the terms of the transitional default casual loading or an award - based transitional instrument to pay a particular loading or penalty lower than that in this award for any classification of employee.

A.4.2              Prior to 1 January 2010, the employer must pay no less than the transitional default casual loading or the loading or penalty in the relevant award - based transitional instrument for the classification concerned.

A.4.3              The difference between the loading, allowance or penalty in this award and the rate in clause A.7 is referred to as the transitional amount.

A.4.4              Where an employee is entitled, under this Schedule, to a higher hourly rate of pay for ordinary hours, shift work, weekend work, public holiday work, casual loading or part - time allowance than that provided for by this award, then the employer must pay the transitional amount (the higher hourly rate), in substitution for the part - time allowance, casual loading, minimum wages, or penalty rates provided for in:

·              Clause 12.4 - Part - time employment and in particular, the part - time allowance;

·              Clause 12.5 - Casual employment and in particular, the casual loading;

·              Clause 16 - Minimum wages; and

·              Clause 27 - Penalty rates.

To avoid doubt, an employee will be entitled to either the transitional amount (the higher rate of pay), as provided for by this Schedule or by the above provisions. An employee will not be entitled to the benefit of the higher rates under this Schedule and, in addition, the minimum rate of pay, penalty rates, casual loading or part - time allowance provided by the above clauses.

A.5              Prior to 1 January 2010, the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award - based transitional instrument for the classification concerned.

A.6              The difference between the minimum wage for the classification in this award and the minimum wage in clause A.7 is referred to as the transitional amount.

A.7              From 1 January 2010, the employer must pay no less than the minimum rate expressed in the following tables:

A.7.1              Australian Capital Territory

CLASSIFICATIONS

 

Award rate $ per hour

CS Rate $ per hour

Transitional Amount $ per hour

 

Cleaning Stream

 

 

 

 

 

Cleaners

 

 

 

 

 

ACT 1.1

Full - time cleaner working day shift

$16.46

$15.34

$1.12

ACT 1.2

Full - time cleaner working an early morning shift

$18.21

$17.64

$0.57

ACT 1.3

Full - time cleaner working an afternoon shift

$18.21

$17.64

$0.57

ACT 1.4

Full - time cleaner working a broken shift

$17.93

$17.64

$0.29

ACT 1.5

Full - time cleaner working a night shift (rotating)

$19.83

$17.64

$2.19

ACT 1.6

Full - time cleaner working Saturday

$24.69

$23.01

$1.68

ACT 1.7

Full - time cleaner working Public Holidays

$41.15

$38.34

$2.81

ACT 1.8

Part - time cleaner working a day shift

$17.73

$17.64

$0.09

ACT 1.9

Part - time cleaner working a night shift (A)

$21.02

$19.94

$1.08

ACT 1.10

Part - time cleaner working Saturday

$26.60

$25.31

$1.28

ACT 1.11

Part - time cleaner working Public Holidays

$44.33

$40.64

$3.68

ACT 1.12

Casual cleaner working a day shift

$19.21

$19.18

$0.03

ACT 1.13

Casual cleaner working Saturday

$28.81

$26.85

$1.97

ACT 1.14

Casual cleaner working Public Holidays

$48.02

$42.18

$5.84

ACT 1.15

Full - time BSE 1 working day shift

$17.14

$15.89

$1.25

ACT 1.16

Full - time BSE 1 working an early morning shift

$18.96

$18.28

$0.68

ACT 1.17

Full - time BSE 1 working an afternoon shift

$18.96

$18.28

$0.68

ACT 1.18

Full - time BSE 1 working a broken shift

$18.65

$18.28

$0.37

ACT 1.19

Full - time BSE 1 working a night shift (rotating)

$20.54

$18.28

$2.26

ACT 1.20

Full - time BSE 1 working Saturday

$25.71

$23.84

$1.88

ACT 1.21

Full - time BSE 1 working Public Holidays

$42.85

$39.73

$3.13

ACT 1.22

Part - time BSE 1 working a night shift (A)

$21.92

$20.66

$1.26

ACT 1.23

Part - time BSE 1 working Saturday

$28.22

$26.22

$2.00

ACT 1.24

Part - time BSE 1 working Public Holidays

$47.03

$42.11

$4.92

ACT 1.25

Casual BSE 1 working a day shift

$20.38

$19.86

$0.51

ACT 1.26

Casual BSE 1 working Saturday

$30.57

$27.81

$2.76

ACT 1.27

Casual BSE 1 working Public Holidays

$50.94

$43.70

$7.24

ACT 1.28

Full - time BSE 2 working day shift

$18.14

$16.78

$1.36

ACT 1.29

Full - time BSE 2 working an early morning shift

$19.87

$19.30

$0.57

ACT 1.30

Full - time BSE 2 working an afternoon shift

$19.87

$19.30

$0.57

ACT 1.31

Full - time BSE 2 working a broken shift

$19.69

$19.30

$0.39

ACT 1.32

Full - time BSE 2 working a night shift (rotating)

$21.82

$19.30

$2.52

ACT 1.33

Full - time BSE 2 working Saturday

$27.21

$25.17

$2.04

ACT 1.34

Full - time BSE 2 working Public Holidays

$45.35

$41.95

$3.40

ACT 1.35

Part - time BSE 2 working a night shift (B)

$23.32

$21.81

$1.51

ACT 1.36

Part - time BSE 2 working Saturday

$29.09

$27.69

$1.40

ACT 1.37

Part - time BSE 2 working Public Holidays

$48.48

$44.47

$4.01

ACT 1.38

Casual BSE 2 working a day shift

$21.01

$20.98

$0.03

ACT 1.39

Casual BSE 2 working a night shift

$25.26

$23.49

$1.77

ACT 1.40

Casual BSE 2 working Saturday

$36.76

$29.37

$7.39

ACT 1.41

Casual BSE 2 working Public Holidays

$52.51

$46.15

$6.37

 

Property Services Stream

 

 

 

ACT 1.42

Full - time PSE 1 working a night shift (rotating)

$18.07

$17.64

$0.43

ACT 1.43

Part - time PSE 1 working a day shift

$17.73

$17.64

$0.09

ACT 1.44

Part - time PSE 1 working Saturday

$26.60

$25.31

$1.28

ACT 1.45

Part - time PSE 1 working Public Holidays

$44.33

$40.64

$3.68

ACT 1.46

Casual PSE 1 working a day shift

$19.21

$19.18

$0.03

ACT 1.47

Casual PSE 1 working Saturday

$28.81

$26.85

$1.97

ACT 1.48

Casual PSE 1 working Public Holidays

$48.02

$42.18

$5.84

ACT 1.49

Full - time PSE 2 working a night shift (rotating)

$18.77

$18.28

$0.49

ACT 1.50

Part - time PSE 2 working Saturday

$26.60

$26.22

$0.38

ACT 1.51

Part - time PSE 2 working Public Holidays

$44.33

$42.11

$2.22

ACT 1.52

Casual PSE 2 working a day shift

$19.98

$19.86

$0.11

ACT 1.53

Casual PSE 2 working Saturday

$29.96

$27.81

$2.16

ACT 1.54

Casual PSE 2 working Public Holidays

$49.94

$43.70

$6.24

ACT 1.55

Full - time PSE 3 working a night shift (rotating)

$19.96

$19.30

$0.66

ACT 1.56

Part - time PSE 3 working a day shift

$19.69

$19.30

$0.39

ACT 1.57

Part - time PSE 3 working Saturday

$29.54

$27.69

$1.85

ACT 1.58

Part - time PSE 3 working Public Holidays

$49.23

$44.47

$4.76

ACT 1.59

Casual PSE 3 working a day shift

$21.33

$20.98

$0.36

ACT 1.60

Casual PSE 3 working Saturday

$32.00

$29.37

$2.63

ACT 1.61

Casual PSE 3 working Public Holidays

$53.33

$46.15

$7.18

 

Event Services

 

 

 

 

ACT 1.62

ESE 1

M - F

Day work

$19.21

$19.18

$0.03

ACT 1.63

ESE 2

M - F

Day work

$20.38

$19.86

$0.51

ACT 1.64

ESE 3

M - F

Day work

$21.01

$20.98

$0.03

 

A.7.2             
New South Wales

CLASSIFICATIONS

NAPSA rate $ per hour

CS Rate $ per Hour

Transitional Amount $ per hour

 

Cleaners

 

 

 

 

 

N.S.W. 1.1

Full - time cleaner working day shift

$15.59

$15.34

$0.25

N.S.W. 1.2

Full - time cleaner working a night shift (rotating)

$19.24

$17.64

$1.60

N.S.W. 1.3

Full - time cleaner working Saturday (Night Shift)

$24.03

$23.01

$1.02

N.S.W. 1.4

Full - time cleaner working Sunday (Night Shift) (“B”)

$35.63

$30.68

$4.95

N.S.W. 1.5

Full - time cleaner working Public Holidays

$38.98

$38.35

$0.63

N.S.W. 1.6

Part - time cleaner working a day shift

$17.95

$17.64

$0.31

N.S.W. 1.7

Part - time cleaner working a day shift (B)

$18.49

$17.64

$0.85

N.S.W. 1.8

Part - time cleaner working  Saturday(Night Shift) (B)

$26.13

$25.31

$0.82

N.S.W. 1.9

Part - time cleaner working Sunday (Day shift B) (“B”)

$33.86

$32.98

$0.88

N.S.W. 1.10

Part - time cleaner working Sunday (Night Shift) (A) (“B”)

$36.12

$32.98

$3.14

N.S.W. 1.11

Part - time cleaner working Public Holidays

$44.88

$40.65

$4.22

N.S.W. 1.12

Casual cleaner working a day shift (A)

$19.45

$19.18

$0.27

N.S.W. 1.13

Casual cleaner working a day shift (B)

$20.03

$19.18

$0.86

N.S.W. 1.14

Casual cleaner working Saturday (Day shift B)

$27.21

$26.85

$0.37

N.S.W. 1.15

Casual cleaner working Saturday(Night Shift) (A)

$28.30

$26.85

$1.46

N.S.W. 1.16

Casual cleaner working Sunday (Day shift A) (“B”)

$35.51

$32.97

$2.54

N.S.W. 1.17

Casual cleaner working Sunday (Day shift B) (“B”)

$36.68

$32.97

$3.71

N.S.W. 1.18

Casual cleaner working Sunday
(Broken/Early AM or Aft shifts) (“B”)

$35.51

$32.97

$2.54

N.S.W. 1.19

Casual cleaner working Sunday (Night Shift) (A) (“B”)

$39.13

$32.97

$6.16

N.S.W. 1.21

Casual cleaner working Sunday (Night Shift) (B) (“B”)

$35.51

$32.97

$2.54

N.S.W. 1.22

Casual cleaner working Public Holidays

$48.63

$42.19

$6.44

 

Building Services Employees

 

 

 

N.S.W. 1.23

Full - time BSE 1 working day shift

$16.33

$15.89

$0.44

N.S.W. 1.24

Full - time BSE 1 working a night shift (rotating)

$20.09

$18.27

$1.82

N.S.W. 1.25

Full - time BSE 1 working Saturday (Night Shift)

$25.38

$23.84

$1.55

N.S.W. 1.26

Full - time BSE 1 working Sunday
(Broken/Early AM or Aft shifts) (“B”)

$33.42

$31.78

$1.64

N.S.W. 1.27

Full - time BSE 1 working Sunday (Night Shift) (“B”)

$37.60

$31.78

$5.82

N.S.W. 1.28

Full - time BSE 1 working Public Holidays

$40.83

$39.73

$1.10

N.S.W. 1.29

Part - time BSE 1 working a day shift

$18.78

$18.27

$0.51

N.S.W. 1.30

Part - time BSE 1 working Saturday (Night Shift A)

$27.55

$26.22

$1.33

N.S.W. 1.31

Part - time BSE 1 working Sunday (Day shift) (“B”)

$34.44

$34.16

$0.28

N.S.W. 1.32

Part - time BSE 1 working Sunday (Broken/Early AM or Aft shifts) (“B”)

$34.44

$34.16

$0.28

N.S.W. 1.33

Part - time BSE 1 working Sunday (Night Shift A) (“B”)

$34.44

$34.16

$0.28

N.S.W. 1.34

Part - time BSE 1 working Sunday (Night Shift B) (“B”)

$37.96

$34.16

$3.80

N.S.W. 1.35

Part - time BSE 1 working Public Holidays

$46.95

$42.11

$4.84

N.S.W. 1.36

Casual BSE 1 working a day shift

$20.35

$19.86

$0.49

N.S.W. 1.37

Casual BSE 1 working Saturday (Day shift)

$26.87

$26.22

$0.65

N.S.W. 1.38

Casual BSE 1 working Saturday (Broken/Early AM or Aft shifts)

$26.87

$26.22

$0.65

N.S.W. 1.39

Casual BSE 1 working Saturday (Night Shift A)

$29.85

$26.22

$3.63

N.S.W. 1.40

Casual BSE 1 working Saturday (Night Shift B)

$26.87

$26.22

$0.65

N.S.W. 1.41

Casual BSE 1 working Sunday (Day shift) (“B”)

$37.31

$35.75

$1.56

N.S.W. 1.42

Casual BSE 1 working Sunday (Broken/Early AM or Aft shifts) (“B”)

$37.31

$35.75

$1.56

N.S.W. 1.43

Casual BSE 1 working Sunday (Night Shift A) (“B”)

$41.12

$35.75

$5.37

N.S.W. 1.44

Casual BSE 1 working Sunday (Night Shift) (“B”)

$37.31

$34.16

$3.15

N.S.W. 1.45

Casual BSE 1 working Public Holidays

$50.88

$43.70

$7.18

N.S.W. 1.46

Full - time BSE 2 working day shift

$17.51

$16.78

$0.73

N.S.W. 1.47

Full - time BSE 2 working an early morning shift

$19.46

$19.30

$0.16

N.S.W. 1.48

Full - time BSE 2 working an afternoon shift

$19.46

$19.30

$0.16

N.S.W. 1.49

Full - time BSE 2 working a broken shift

$19.46

$19.30

$0.16

N.S.W. 1.50

Full - time BSE 2 working a night shift (rotating)

$21.58

$19.30

$2.28

N.S.W. 1.51

Full - time BSE 2 working Saturday (Night Shift)

$27.40

$25.17

$2.23

N.S.W. 1.52

Full - time BSE 2 working Sunday (Broken/Early AM or Aft shifts) (“B”)

$36.05

$33.56

$2.49

N.S.W. 1.53

Full - time BSE 2 working Sunday (Night Shift) (“B”)

$40.58

$33.56

$7.02

N.S.W. 1.54

Full - time BSE 2 working Public Holidays

$43.78

$41.95

$1.83

N.S.W. 1.55

Part - time BSE 2 working a day shift

$19.80

$19.30

$0.50

N.S.W. 1.56

Part - time BSE 2 working Saturday (Night Shift A)

$29.77

$27.69

$2.08

N.S.W. 1.57

Part - time BSE 2 working Sunday (Day shift) (“B”)

$37.02

$36.08

$0.94

N.S.W. 1.58

Part - time BSE 2 working Sunday (Broken/Early AM or Aft shifts) (“B”)

$37.02

$36.08

$0.94

N.S.W. 1.59

Part - time BSE 2 working Sunday (Night Shift A) (“B”)

$40.84

$36.08

$4.76

N.S.W. 1.60

Part - time BSE 2 working Sunday (Night Shift B) (“B”)

$37.02

$36.08

$0.94

N.S.W. 1.61

Part - time BSE 2 working Public Holidays

$49.50

$44.47

$5.03

N.S.W. 1.62

Casual BSE 2 working a day shift

$21.45

$20.98

$0.47

N.S.W. 1.63

Casual BSE 2 working a night shift (A)

$23.52

$23.49

$0.03

N.S.W. 1.64

Casual BSE 2 working Saturday (Night Shift A)

$32.35

$29.37

$2.99

N.S.W. 1.65

Casual BSE 2 working Sunday (Day shift) (“B”)

$40.11

$37.76

$2.36

N.S.W. 1.66

Casual BSE 2 working Sunday (Broken/Early AM or Aft shifts) (“B”)

$40.11

$37.76

$2.36

N.S.W. 1.67

Casual BSE 2 working Sunday (Night Shift A) (“B”)

$44.24

$37.76

$6.49

N.S.W. 1.68

Casual BSE 2 working Sunday (Night Shift) (“B”)

$40.11

$37.76

$2.36

N.S.W. 1.69

Casual BSE 2 working Public Holidays

$53.63

$46.15

$7.48

 

Property Services Employees

 

 

 

N.S.W. 1.70

Full - time PSE 1 working Sunday (Night Shift) (“B”)

$31.35

$30.67

$0.68

N.S.W. 1.71

Casual PSE 1 working Public Holidays

$43.63

$42.18

$1.45

N.S.W. 1.72

Full - time PSE 1A working Sunday (Night Shift) (“B”)

$31.91

$30.68

$1.23

N.S.W. 1.73

Part - time PSE 1A working Public Holidays

$42.08

$40.65

$1.42

N.S.W. 1.74

Casual PSE 1A working Public Holidays

$45.58

$42.18

$3.40

N.S.W. 1.75

Full - time PSE 2 working a night shift (rotating)

$18.05

$17.64

$0.41

N.S.W. 1.76

Full - time PSE 2 working Sunday (Night Shift) (“B”)

$32.98

$30.68

$2.30

N.S.W. 1.77

Part - time PSE 2 working Public Holidays

$42.08

$40.65

$1.42

N.S.W. 1.78

Casual PSE 2 working Public Holidays

$45.58

$42.19

$3.39

N.S.W. 1.79

Full - time PSE 2A working a night shift (rotating)

$18.20

$17.64

$0.56

N.S.W. 1.80

Full - time PSE 2A working Sunday (Night Shift) (“B”)

$33.28

$30.68

$2.60

N.S.W. 1.81

Part - time PSE 2A working Public Holidays

$45.60

$40.65

$4.95

N.S.W. 1.82

Casual PSE 2A working Sunday (Day shift) (“A”)

$27.97

$26.85

$1.13

N.S.W. 1.83

Casual PSE 2A working Public Holidays

$49.40

$42.19

$7.22

N.S.W. 1.84

Full - time PSE 3 working a night shift (rotating)

$19.55

$18.27

$1.28

N.S.W. 1.85

Full - time PSE 3 working Saturday (Night Shift)

$24.46

$23.84

$0.63

N.S.W. 1.86

Full - time PSE 3 working Sunday (Broken/Early AM or Aft shifts) (“B”)

$32.36

$31.78

$0.58

N.S.W. 1.87

Full - time PSE 3 working Sunday (Night Shift) (“B”)

$36.25

$31.78

$4.47

N.S.W. 1.88

Casual PSE 3 working Sunday (Day shift) (“B”)

$36.14

$35.75

$0.39

N.S.W. 1.89

Casual PSE 3 working Sunday (Broken/Early AM or Aft shifts) (“B”)

$36.14

$35.75

$0.39

N.S.W. 1.90

Casual PSE 3 working Sunday (Night Shift) (“B”)

$36.14

$35.75

$0.39

 

 

 

 

 

PSE 4 - not relevant to Cleaning Services Award 2010, indicative tasks covered by other modern awards including Security, Pest Control and Horticulture.

 

N.S.W. 1.91

Full - time PSE 5 working day shift

$17.09

$16.78

$0.31

N.S.W. 1.92

Full - time PSE 5 working Saturday (Day shift)

$21.20

$19.30

$1.90

N.S.W. 1.93

Full - time PSE 5 working Saturday (Night Shift)

$26.65

$25.17

$1.48

N.S.W. 1.94

Full - time PSE 5 working Sunday (Broken/Early AM or Aft shifts) (“B”)

$35.13

$33.56

$1.57

N.S.W. 1.95

Full - time PSE 5 working Sunday (Night Shift) (“B”)

$39.48

$33.56

$5.92

N.S.W. 1.96

Full - time PSE 5 working Public Holidays

$42.73

$41.95

$0.77

N.S.W. 1.97

Part - time PSE 5 working a day shift

$19.48

$19.30

$0.18

N.S.W. 1.98

Part - time PSE 5 working Sunday (Day shift) (“B”)

$36.10

$36.08

$0.02

N.S.W. 1.99

Part - time PSE 5 working Sunday (Broken/Early AM or Aft shifts) (“B”)

$36.10

$36.08

$0.02

N.S.W. 1.100

Part - time PSE 5 working Sunday (Night Shift) (“B”)

$36.10

$36.08

$0.02

N.S.W. 1.101

Part - time PSE 5 working Public Holidays

$48.70

$44.47

$4.23

N.S.W. 1.102

Casual PSE 5 working a day shift

$21.10

$20.98

$0.13

N.S.W. 1.103

Casual PSE 5 working Sunday (Day shift) (“B”)

$39.11

$37.76

$1.36

N.S.W. 1.104

Casual PSE 5 working Sunday (Broken/Early AM or Aft shifts) (“B”)

$39.11

$37.76

$1.36

N.S.W. 1.105

Casual PSE 5 working Sunday (Night Shift) (“B”)

$39.11

$37.76

$1.36

N.S.W. 1.106

Casual PSE 5 working Public Holidays

$52.75

$46.15

$6.61

 

Event Cleaners

 

 

 

 

N.S.W. 1.107

ESE 1 M - F Day work

$19.45

$19.18

$0.27

N.S.W. 1.108

ESE 2 M - F Day work

$20.24

$19.86

$0.38

N.S.W. 1.109

ESE 3 M - F Day work

$21.45

$20.98

$0.47

N.S.W. 1.110

ESE 1 M - F Day work

$19.45

$19.18

$0.27

N.S.W. 1.111

ESE 2 M - F Day work

$20.24

$19.86

$0.38

N.S.W. 1.112

ESE 3 M - F Day work

$21.45

$20.98

$0.47

 

Public Hospital Cleaners

 

 

 

N.S.W. 1.113

Full - time cleaner working day shift

$16.26

$15.34

$0.92

N.S.W. 1.114

Full - time cleaner working an early morning shift

$18.17

$17.64

$0.53

N.S.W. 1.115

Full - time cleaner working an afternoon shift

$18.17

$17.64

$0.53

N.S.W. 1.116

Full - time cleaner working a broken shift

$19.42

$17.64

$1.78

N.S.W. 1.117

Full - time cleaner working a night shift (rotating)

$19.97

$17.64

$2.33

N.S.W. 1.118

Full - time cleaner working a night shift (non rotating)

$19.97

$19.94

$0.03

N.S.W. 1.119

Full - time cleaner working Saturday (Broken Shift)

$24.28

$23.01

$1.27

N.S.W. 1.120

Full - time cleaner working Saturday (Night Shift)

$25.22

$23.01

$2.21

N.S.W. 1.121

Full - time cleaner working Sunday
(Early AM or Aft shifts) (“B”)

$33.22

$30.68

$2.54

N.S.W. 1.122

Full - time cleaner working Sunday (Broken Shift) (“B”)

$35.99

$30.68

$5.31

N.S.W. 1.123

Full - time cleaner working Sunday (Night Shift) (“B”)

$37.37

$30.68

$6.69

N.S.W. 1.124

Full - time cleaner working Public Holidays

$40.65

$38.35

$2.30

N.S.W. 1.125

Part - time cleaner working an early morning shift

$18.82

$17.64

$1.18

N.S.W. 1.126

Part - time cleaner working an afternoon shift

$18.82

$17.64

$1.18

N.S.W. 1.127

Part - time cleaner working a broken shift

$19.89

$17.64

$2.25

N.S.W. 1.128

Part - time cleaner working a night shift (rotating)

$20.57

$17.64

$2.93

N.S.W. 1.129

Part - time cleaner working a night shift
(non - rotating)

$20.57

$17.64

$2.93

N.S.W. 1.130

Part - time cleaner working Saturday (Broken Shift)

$26.97

$25.31

$1.66

N.S.W. 1.131

Part - time cleaner working Saturday (Night Shift)

$28.01

$25.31

$2.70

N.S.W. 1.132

Part - time cleaner working Sunday
(Early AM or Aft shifts) (“B”)

$34.52

$32.98

$1.54

N.S.W. 1.133

Part - time cleaner working Sunday (Broken Shift) (“B”)

$37.20

$32.98

$4.22

N.S.W. 1.134

Part - time cleaner working Sunday (Night Shift) (“B”)

$38.56

$32.98

$5.58

N.S.W. 1.135

Part - time cleaner working Public Holidays

$44.88

$40.65

$4.22

N.S.W. 1.136

Casual cleaner working a broken shift

$21.55

$21.48

$0.07

N.S.W. 1.137

Casual cleaner working a night shift

$22.28

$21.48

$0.80

N.S.W. 1.138

Casual cleaner working Saturday
(Early AM or Aft shifts)

$26.95

$26.85

$0.11

N.S.W. 1.139

Casual cleaner working Saturday (Broken Shift)

$29.21

$26.85

$2.37

N.S.W. 1.140

Casual cleaner working  Saturday (Night Shift)

$30.34

$26.85

$3.50

N.S.W. 1.141

Casual cleaner working Sunday (Day shift) (“B”)

$35.26

$34.52

$0.74

N.S.W. 1.142

Casual cleaner working Sunday
(Early AM or Aft shifts) (“B”)

$37.40

$34.52

$2.89

N.S.W. 1.143

Casual cleaner working Sunday (Broken Shift) (“B”)

$40.30

$34.52

$5.79

N.S.W. 1.144

Casual cleaner working Sunday (Night Shift) (B) (“B”)

$41.77

$34.52

$7.26

N.S.W. 1.145

Casual cleaner working Public Holidays

$48.63

$42.19

$6.44

N.S.W. 1.146

Full - time BSE 1 working day shift

$17.07

$15.89

$1.18

N.S.W. 1.147

Full - time BSE 1 working an early morning shift

$18.82

$18.27

$0.55

N.S.W. 1.148

Full - time BSE 1 working an afternoon shift

$18.82

$18.27

$0.55

N.S.W. 1.149

Full - time BSE 1 working a broken shift

$20.27

$18.27

$2.00

N.S.W. 1.150

Full - time BSE 1 working a night shift (rotating)

$21.01

$18.27

$2.74

N.S.W. 1.151

Full - time BSE 1 working a night shift (non rotating)

$21.01

$20.66

$0.35

N.S.W. 1.152

Full - time BSE 1 working Saturday (Broken shift)

$25.62

$23.84

$1.79

N.S.W. 1.153

Full - time BSE 1 working Saturday (Night Shift)

$26.62

$23.84

$2.79

N.S.W. 1.154

Full - time BSE 1 working Sunday (Early AM or Aft shifts) (“B”)

$35.04

$31.78

$3.26

N.S.W. 1.155

Full - time BSE 1 working Sunday (Broken Shift) (“B”)

$37.96

$31.78

$6.18

N.S.W. 1.156

Full - time BSE 1 working Sunday (Night Shift) (“B”)

$39.44

$31.78

$7.66

N.S.W. 1.157

Full - time BSE 1 working Public Holidays

$42.68

$39.73

$2.95

N.S.W. 1.158

Part - time BSE 1 working a night shift (rotating)

$21.05

$20.66

$0.39

N.S.W. 1.159

Part - time BSE 1 working a night shift (non - rotating)

$21.05

$20.66

$0.39

N.S.W. 1.160

Full - time BSE 1 working Saturday (Broken shift)

$27.69

$26.22

$1.47

N.S.W. 1.161

Part - time BSE 1 working Saturday (Night Shift)

$28.74

$26.22

$2.52

N.S.W. 1.162

Part - time BSE 1 working Sunday (Early AM or Aft shifts) (“A”)

$29.64

$20.66

$8.98

N.S.W. 1.163

Part - time BSE 1 working Sunday (Broken shift) (“A”)

$32.19

$20.66

$11.53

N.S.W. 1.164

Part - time BSE 1 working Sunday (Night Shift) (“A”)

$33.41

$20.66

$12.75

N.S.W. 1.165

Part - time BSE 1 working Sunday (Day shift) (“B”)

$31.16

$20.66

$10.50

N.S.W. 1.166

Part - time BSE 1 working Sunday (Early AM or Aft shifts) (“B”)

$35.34

$20.66

$14.68

N.S.W. 1.167

Part - time BSE 1 working Sunday (Broken Shift) (“B”)

$38.14

$20.66

$17.48

N.S.W. 1.166

Part - time BSE 1 working Sunday (Night Shift) (“B”)

$39.52

$20.66

$18.86

N.S.W. 1.169

Part - time BSE 1 working Public Holidays

$44.88

$42.11

$2.77

N.S.W. 1.170

Casual BSE 1 working a night shift

$22.80

$22.25

$0.55

N.S.W. 1.171

Casual BSE 1 working Saturday (Broken shift)

$30.00

$27.81

$2.19

N.S.W. 1.172

Casual BSE 1 working Saturday (Night Shift)

$31.14

$27.81

$3.33

N.S.W. 1.173

Casual BSE 1 working Sunday (Night Shift) (“A”)

$36.19

$35.75

$0.44

N.S.W. 1.174

Casual BSE 1 working Sunday (Early AM or Aft shifts) (“B”)

$38.29

$35.75

$2.54

N.S.W. 1.175

Casual BSE 1 working Sunday (Broken Shift) (“B”)

$41.32

$35.75

$5.57

N.S.W. 1.176

Casual BSE 1 working Sunday (Night Shift) (“B”)

$42.81

$35.75

$7.06

N.S.W. 1.177

Casual BSE 1 working Public Holidays

$44.88

$43.70

$1.18

For the purposes of the NSW schedule:

·              afternoon shift means a shift which finishes subsequent to 6.00 pm and at or before 1.00 am;

·              early morning shift means a shift which starts between 3.00 am and 6.00 am;

·              night shift means a shift which finishes later than 1.00 am and at or before 8.00 am, or any shift commencing prior to 6.00 am, but must not include an early morning shift;

·              Day Shiftworker B will apply to those employees who are engaged pursuant to a contract awarded by the NSW Government State Contract Control Board

·              Night Shiftworker A will apply to those part - time or casual employees who as at 12 July 1996 were engaged on night shift.

·              Night Shiftworker B will apply to those employees who are engaged pursuant to a contract awarded by the NSW Government State Contract Control Board.  “New South Wales Government Sites Cleaning Contracts” means contracts awarded by the NSW Government State Contract Control Board pursuant to a Request for tender No. 93/20125 and any successor contracts as well as all other contracts awarded for cleaning services in public schools in NSW whether awarded by the NSW Government State Contract Control Board or any other NSW State Government Department as a stand alone contract or as part of a wider contract arrangement.  “NSW Government Sites Cleaning Contracts” will also mean contracts let pursuant to request for tender 93/20125; and

·              Sunday (B) will apply to employees who were engaged to work ordinary hours on a Sunday prior to 29 January 1994.

A.7.3              Northern Territory

 

CLASSIFICATIONS

Award $ Per Hour

CS Rate $ Per Hour

Transitional Amount $ Per Hour

N.T. 1.1

Full - time CSE Level 1 (Cleaner) working an early AM shift commencing before 5am (permanent)

$19.94

$17.64

$2.30

N.T. 1.2

Part - time CSE Level 1 (Cleaner) working a permanent night shift finishing after midnight and at or before 8am

$22.24

$19.94

$2.30

N.T. 1.3

Full - time CSE Level 2 (BSE 1) working an early AM shift commencing before 5am (rotating)

$18.27

$15.89

$2.38

N.T. 1.4

Full - time CSE Level 2 (BSE 1) working an early AM shift commencing before 5am (permanent)

$20.66

$18.27

$2.38

N.T. 1.5

Part - time CSE Level 2 (BSE 1) working an early AM shift commencing before 5am (permanent)

$23.04

$20.66

$2.38

N.T. 1.6

Part - time CSE Level 2 (BSE 1) working a permanent night shift finishing after midnight and at or before 8am

$23.04

$20.66

$2.38

N.T. 1.7

Full - time CSE Level 3 (BSE 2) working an early AM shift commencing before 5am (permanent)

$21.81

$19.30

$2.52

N.T. 1.8

Part - time CSE Level 3 (BSE 2) working an early AM shift commencing before 5am (permanent)

$24.33

$21.81

$2.52

A.7.4              Queensland

 

CLASSIFICATIONS

Award $ per hour

CS Rate $ per hour

Transitional Amount $ per hour

 

Cleaners

 

 

 

QLD 1.1

Part - time employee working an early morning shift (where an employee works the major portion of work between midnight and 8.00am)

20.22

19.94

$0.28

QLD 1.2

Part - time employee working an afternoon shift

20.22

19.94

$0.28

QLD 1.3

Part - time employee working a night shift (rotating)

20.22

19.94

$0.28

QLD 1.4

Part - time employee working a permanent night shift

20.22

19.94

$0.28

QLD 1.5

Part - time employee working a Saturday

26.37

25.31

$1.06

QLD 1.6

Part - time employee working a Sunday

35.16

32.98

$2.18

QLD 1.7

Part - time employee working a Public Holiday

43.95

40.65

$3.30

QLD 1.8

Casual employee working day shift

47.17

19.18

$27.99

QLD 1.9

Casual employee working an early morning shift (where an employee works the major portion of work between midnight and 8.00am)

24.26

21.48

$2.78

QLD 1.10

Casual employee working an afternoon shift

24.26

21.48

$2.78

QLD 1.11

Casual employee working a night shift

24.26

21.48

$2.78

QLD 1.12

Casual employee working a Saturday

30.41

26.85

$3.56

QLD 1.13

Casual employee working a Sunday

39.2

34.52

$4.68

QLD 1.14

Casual employee working a Public Holiday

47.99

42.19

$5.80

 

Cleaning Services Employee Level 2

 

 

 

QLD 1.15

Part - time employee working day shift

18.86

18.27

$0.59

QLD 1.16

Part - time employee working an early morning shift (where an employee works the major portion of work between midnight and 8.00am)

21.69

20.66

$1.03

QLD 1.17

Part - time employee working an afternoon shift

21.69

20.66

$1.03

QLD 1.18

Part - time employee working a night shift (rotating)

21.69

20.66

$1.03

QLD 1.19

Part - time employee working a permanent night shift

21.69

20.66

$1.03

QLD 1.20

Part - time employee working a Saturday

28.29

26.22

$2.07

QLD 1.21

Part - time employee working a Sunday

37.72

34.16

$3.56

QLD 1.22

Part - time employee working a Public Holiday

47.15

42.11

$5.04

QLD 1.23

Casual employee working day shift

23.20

19.86

$3.34

QLD 1.24

Casual employee working an early morning shift (where an employee works the major portion of work between midnight and 8.00am)

26.03

22.25

$3.78

QLD 1.25

Casual employee working an afternoon shift

26.03

22.25

$3.78

QLD 1.26

Casual employee working a night shift

26.03

22.25

$3.78

QLD 1.27

Casual employee working a Saturday

32.63

27.81

$4.82

QLD 1.28

Casual employee working a Sunday

42.06

35.75

$6.31

QLD 1.29

Casual employee working a Public Holiday

51.49

43.70

$7.79

 

Cleaning Services Employee Level 3

 

 

 

QLD 1.30

Part - time employee working a Saturday

28.29

27.69

$0.60

QLD 1.31

Part - time employee working a Sunday

37.72

36.08

$1.64

QLD 1.32

Part - time employee working a Public Holiday

47.15

44.47

$2.68

QLD 1.33

Casual employee working day shift

23.20

20.98

$2.22

QLD 1.34

Casual employee working an early morning shift (where an employee works the major portion of work between midnight and 8.00am)

26.03

23.49

$2.54

QLD 1.35

Casual employee working an afternoon shift

26.03

23.49

$2.54

QLD 1.36

Casual employee working a night shift

26.03

23.49

$2.54

QLD 1.37

Casual employee working a Saturday

32.63

29.37

$3.26

QLD 1.38

Casual employee working a Sunday

42.06

37.76

$4.30

QLD 1.39

Casual employee working a Public Holiday

51.49

46.15

$5.34

 

 

 

 

 

Note:  There is no equivalent classification for Building Services Grade 2 (Part - time or casual) under the Contract Cleaning Award - State 2003 (QLD).  Therefore, the above hourly rates are based on the BSE Grade 1 PT rate for PT and casual employees

A.7.5              South Australia

 

CLASSIFICATIONS

Award $ per hour

CS Rate $ per hour

Transitional Amount $ per hour

 

Cleaners and CSE Level 1

 

 

 

S.A. 1.1

Full - time CSE Level 1 (Cleaner Grade 1) working a night (or early AM) shift (starting before 6.00am and working until 7.30am)

$19.94

$17.64

$2.30

S.A. 1.2

Full - time CSE Level 1 (Cleaner Grade 1) working a night shift (or early AM) (starting at, or after, 6.00am and working until 7.30am)

$19.94

$15.34

$4.60

S.A. 1.3

Full - time CSE Level 1 (Cleaner Grade 1) working a rotating night shift (starting at 10.00pm or later)

$19.94

$17.64

$2.30

S.A. 1.4

Part - time CSE Level 1 (Cleaner Grade 1) working a night (or early AM) shift (starting at, or after, 6.00am and working until 7.30am)

$19.94

$17.64

$2.30

S.A. 1.5

Casual CSE Level 1 (Cleaner Grade 1) working a night (or early AM) shift (starting before 6.00am and working until 7.30am)

$23.01

$21.48

$1.53

S.A. 1.6

Casual CSE Level 1 (Cleaner Grade 1) working a night (or early AM) shift (starting at, or after, 6.00am and working until 7.30am)

$23.01

$21.48

$1.53

S.A. 1.7

Full - time CSE Level 2 (Cleaner Grade 2) working a night (or early AM) shift (starting before 6.00am and working till 7.30am)

$20.66

$18.27

$2.38

S.A. 1.8

Full - time CSE Level 2 (Cleaner Grade 2) working a night (or early AM) shift (starting at, or after, 6.00am and working till 7.30am)

$20.66

$18.27

$2.38

S.A. 1.9

Full - time CSE Level 2 (Cleaner Grade 2) working a rotating night shift (starting at 10.00pm or later)

$20.66

$18.27

$2.38

S.A. 1.10

Part - time CSE Level 2 (Cleaner Grade 2) working a permanent night shift (starting at 10.00pm or later)

$20.66

$18.27

$2.38

S.A. 1.11

Casual CSE Level 2 (Cleaner Grade 2) working a night shift (starting
before 6.00am and working till 7.30am)

$23.84

$22.25

$1.59

S.A. 1.12

Casual CSE Level 2 (Cleaner Grade 2) working a night shift (starting
at, or after, 6.00am and working till 7.30am)

$23.84

$22.25

$1.59

S.A. 1.13

Casual CSE Level 2 (Cleaner Grade 2) working a night shift (starting at 10.00pm or later)

$23.84

$22.25

$1.59

 

CSE Level 3