FAIR WORK COMMISSION
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 5,Item 6 - Review of all modern awards (other than modern enterprise and State PS awards) after first 2 years
Berkley Challenge Pty Ltd T/A Spotless Cleaning Company
(AM2012/33,AM2012/209 and AM2012/292)
CLEANING SERVICES AWARD 2010
MELBOURNE,21 OCTOBER 2013
Modern Awards Review2012 - application to vary the Cleaning Services Award 2010 - call back - broken shift - consultation regarding change of contract - consent determination.
1. By inserting a new clause 9.5 as follows:
9.5 The incoming contractor must,as soon as practicable after making any offer of employment to employees of the outgoing contractor,provide notification of the offer being made and the terms of the offer to the outgoing contractor and to any representative,including a relevant union,nominated by the employee.
2. By deleting clause 17.1 and inserting the following:
17.1 Broken shift allowance
An employee who works a broken shift will be paid an allowance of 0.458% of the standard rate per day up to a maximum of 2.29% of the standard rate per week. For the purposes of this award a broken shift is a shift where an employee works in two separate periods of duty on any day within a maximum spread of thirteen 13 hours and where the break between periods exceeds one hour.
3. By inserting a new clause 24.6 as follows:
24.6 Call back for non-cleaning purposes
(a) Despite anything else to the contrary elsewhere in this award,an employee directed by the employer to attend the employer’s premises and/or the premises of a client of the employer to perform administrative duties or for disciplinary or counselling interviews,after leaving the place of employment (whether notified before or after leaving the place of employment),must be paid as specified below:
(i) where such attendance is required on a Monday to Friday,the employee must be paid a minimum payment of two hours at the appropriate ordinary time rate plus any applicable shift penalty for each such attendance;
(ii) where such attendance is required on a Saturday,the employee must be paid a minimum payment of three hours at the appropriate Saturday rate for each such attendance;
(iii) where such attendance is required on a Sunday the employee must be paid a minimum payment of four hours at the appropriate Sunday rate for each such attendance.
(b) This clause will only apply where the employee is specifically directed by the employer to attend the employer’s premises and/or the premises of a client of the employer to perform duties contemplated by clause 24.6(a). It will not apply where a period of attendance is continuous with the completion or commencement of ordinary working time or overtime in clause 28.
(c) This clause does not apply where an employee is required to attend an employer’s premises,or any other premises,for the purposes of completing any form of paid training.
B. This determination comes into operation on the first full pay period commencing on or after 21 October 2013.
1  FWC 8141.
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