NOTE: Under section 345(1) of the Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 19.5. X.2 During the operation of Schedule X,the following provisions apply: (a) Subject to clauses X.2.1(b),(c) and (d),any employee is entitled to take up to 2 weeks’unpaid leave if the employee is required by government or medical authorities or on the advice of a medical practitioner to self-isolate and is consequently prevented from working,or is otherwise prevented from working by measures taken by government or medical authorities in response to the COVID-19 pandemic. (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. The terms of the award have been varied since that date. The employer of an employee who is employed for the major portion of any day or shift to clean toilets must pay the employee a toilet cleaning allowance of $2.89 per shift or $14.21 per week. An extract of section 61 of the Act is reproduced below. 8.1 An employee covered by this award must be one of the following: 8.2 At the time of engaging an employee,an employer must inform the employee of the terms on which they are engaged,including whether they are engaged as a full-time,part-time or casual employee,their usual work location and classification. (ii) the employee has not been given a direction under clause 21.6(a) that,when any other paid annual leave arrangements (whether made under clause 21.5,21.6 or 21.7 or otherwise agreed by the employer and employee) are taken into account,would eliminate the employee’s excessive leave accrual. (b) invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact. (c) commence discussions as soon as practicable after a definite decision has been made. Disputes about whether the employer has discussed the request with the employee and responded to the request in the way required by clause 6,can be dealt with under clause 30—Dispute resolution. (a) The following rostering provisions apply to full-time and part-time employees. See sections 117 and 123 of the Act. 13.5 Ordinary hours of work and roster cycles—part-time and casual employees. (d) A regular casual employee who has worked less than equivalent full-time hours over the preceding period of 12 months’casual employment may request to have their employment converted to part-time employment consistent with the pattern of hours previously worked. 30.3 If the dispute is not resolved through discussion as mentioned in clause 30.2,the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management,as appropriate. (iii) if the employee has no annual leave,then they must take leave without pay for the full close-down period —also see clause 21.4(f). The overtime rate mentioned in clauses 14.3—Interruptions and overtime meal breaks—all employees,14.4—Breaks between shifts or 19.2 is: (a) for a full-time or part-time employee,the relevant percentage specified in column 2 of Table 5—Overtime rates (depending on when the overtime was worked as specified in column 1) of the minimum hourly rate of the employee under Table 2—Minimum rates;or. (c) An employee who continues to work for more than 2 hours in a place or places mentioned in clause 17.4(b) is entitled to a 20 minute rest period every 2 hours without loss of pay. 30.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 30.2 and 30.3,a party to the dispute may refer it to the Fair Work Commission. Annual Wage Review – 1 November 2020 changes. (b) The employer of an employee who works a broken shift must pay the employee a broken shift allowance of $3.69 for the day. (b) The employer must pay an employee who is required by the employer to start work without having had at least 8 consecutive hours off duty at the overtime rate mentioned in clause 19.3—Overtime rates until the employee is released from duty for at least 8 consecutive hours. (h) The employer must keep a copy of any agreement under clause 19.5 as an employee record. (a) The employer must pay an employee no later than 7 days after the day on which the employee’s employment terminates: (i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination;and. (b) The employer must pay an employee who is required to work for more than one hour in a place or places where the temperature is raised by artificial means to in excess of 54 C an allowance of $0.65 per hour while so working. NOTE 1: Paid annual leave arising from a request mentioned in clause 21.6(d) may result in the direction ceasing to have effect. (i) An employee is entitled to an unpaid meal break of not less than 30 minutes,and not more than one hour and cannot be required to work for more than 4½ hours (or 5 hours in an emergency) without a meal break. 31.3 The notice must include details of the type,content and duration of the course to be attended. The employer and employee agree that the employee may take time off instead of being paid for the following amount of overtime that has been worked by the employee: Date and time overtime started:___/___/20___ ____ am/pm, Date and time overtime ended:___/___/20___ ____ am/pm, Amount of overtime worked:_______ hours and ______ minutes. H.2 Where a part-day public holiday is declared or prescribed between 6.00 pm and midnight,or 7.00 pm and midnight on Christmas Eve (24 December in each year) or New Year’s Eve (31 December in each year) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency: (a) All employees will have the right to refuse to work on the part-day public holiday if the request to work is not reasonable or the refusal is reasonable as provided for in the NES. Commercial cleaning prices: National average cost: $200: Typical cost range: (b) trainees employed by a group training employer and hosted by an employer covered by this award to work in the contract cleaning services industry (with a classification defined in Schedule A—Classification Definitions) and the group training employers of those trainees. 20.1 Clause 20 sets out penalty rates for hours worked at specified times or on specified days that are not required to be paid at the overtime rate mentioned in clause 19.3—Overtime rates. The hearings were held in Rustenburg, Polokwane, Pretoria, East London, Cape Town, Witbank, Bloemfontein, Kimberley and Durban. (d) An employee to whom a direction has been given under clause 21.6(a) may request to take a period of paid annual leave as if the direction had not been given. Requests for flexible working arrangements, Part 2—Types of Employment and Classifications, 22. 5.8 Except as provided in clause 5.7(b),an agreement must not require the approval or consent of a person other than the employer and the employee. (c) The maximum allowance payable under clause 17.2 is $18.43 per week. Unless,to comply with superannuation legislation,the employer is required to make the superannuation contributions provided for in clause 18.2 to another superannuation fund that is chosen by the employee,the employer must make the superannuation contributions provided for in clause 18.2,and pay the amount authorised under clauses 18.3(a) or 18.3(b),to one of the following superannuation funds or its successor: (c) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008,provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme;or. (a) A person engaged by a particular employer as a regular casual employee may request that their employment be converted to full-time or part-time employment. (b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 November 2020. (e) A change of roster must be recorded in the employee’s time and wages records. The employer must reimburse an employee who is required to wear a uniform for the cost of purchasing any such uniform (including purchasing a replacement uniform reasonably required by the employee) that is not supplied or paid for by the employer. 16.1 The employer may determine the pay period of an employee as being either weekly or fortnightly. (q) An employer must provide a casual employee,whether a regular casual employee or not,with a copy of the provisions of clause 11.4 within the first 12 months of the employee’s first engagement to perform work. NOTE:The part-time allowance is payable so as to allow the employer to roster a part-time employee to work up to 7.6 hours per day,5 days per week or 38 ordinary hours per week without the payment of overtime. ... Rates - 2020. NOTE 5: Schedule B—Summary of Hourly Rates of Pay sets out the hourly rates of pay including overtime rates and penalty rates. D.10.1 In order for an adequate assessment of the employee’s capacity to be made,an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks,except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis. NOTE 2:If the employer refuses the request,then the written response must include details of the reasons for the refusal (section 65(6)). cleaning area means the area that the employer is contracted to clean,including internal areas,offices,toilets,kitchens and all other common or public areas but excluding car parks. exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth). Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime. (b) employees (with a classification defined in Schedule A—Classification Definitions) of employers mentioned in clause 4.1(a). Wage-related allowances are adjusted in accordance with increases to wages and are based on a percentage of the standard rate as specified. junior employee means an employee who is less than 21 years of age. 29.8 The incoming contractor must,as soon as practicable after making any offer of employment to employees of the outgoing contractor,give written notice of the offer and its terms to the outgoing contractor and to any representative,including a relevant union,nominated by the employee. For employees who,because of the effects of a disability,are eligible for a supported wage,see Schedule D—Supported Wage System. (ii) if the employer can offer the employee such changes in working arrangements,set out those changes in working arrangements. Link to PDF copy of Agreement to Take Annual Leave in Advance. (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. (ii) the employee remains employed by the employer. NOTE 4: Provisions for calculating rates for casual employees are at clause 11.3 (Casual employees) and are based on the minimum hourly rate specified in column 3. A.3.1 A CSE 3 may be required to perform any duties of a CSE 1 or CSE 2. (b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work,whether at the same or another workplace,that is safe and appropriate for the employee to perform. Funding for contract cleaning . (c) for a casual employee,at the percentage specified in column 4 of that Table of the minimum hourly rate of the employee. Parental leave and related entitlements are provided for in the NES. (c) any reasonable business grounds for refusing the request. Dear Industry employer The Minister of Employment and Labour has promulgated a new minimum wage for the Contract Cleaning Sector, effective 1 March 2020 Please click here to view the new minimum wages. D.5.1 For the purpose of establishing the percentage of the relevant minimum wage,the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor,having consulted the employer and employee and,if the employee so desires,a union which the employee is eligible to join. (b) The requirement to pay wages and other amounts under clause 16.6(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act. (c) An employee who has given their employer notice of taking leave under clause X.2.1(a) must,if required by the employer,give the employer evidence that would satisfy a reasonable person that the leave is taken for a reason given in clause X.2.1(a). An employer must pay an employee who,by agreement with the employer,uses their own motor vehicle in performing their duties an allowance of: (a) for a motor car,$0.80 cents per kilometre;and. (ii) However,if the employer engages an employee during the notice period,then the employer must give that employee notice of the temporary close-down in writing when the employer engages the employee. (b) An employee must give the employer notice of termination in accordance with Table 9—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1. (f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made. 6401.0),as follows: D.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award. (m) Once a casual employee has converted to full-time or part-time employment,the employee may only revert to casual employment with the written agreement of the employer. See also clause Part 4—Wages and Allowances and Part 5—Overtime and Penalty Rates. 4.6 If an employer is covered by more than one award,an employee of the employer is covered by the award containing the classification that is most appropriate to the work performed by the employee and the industry in which they work. (a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee. (b) An employee who continues to work for more than 2 hours in a place or places mentioned in clause 17.3(a) is entitled to a 20 minute rest period every 2 hours without loss of pay. Changes may involve re-design of job duties,working time arrangements and work organisation in consultation with other workers in the area. A.3 Cleaning Services Employee Level Three (CSE 3) means an employee providing cleaning services at a higher skill level than an employee at CSE 2 level. (a) Clause 17.10 applies to any employee who: (i) is required to work an additional 2 hours or more;and. 10.3 An employer may employ part-time employees in any classification defined in Schedule A—Classification Definitions. (ii) all other amounts that are due to the employee under this award and the NES. (a) Subject to the governing rules of the relevant superannuation fund,an employee may,in writing,authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 18.2. 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. on-hire means the on-hire of an employee by their employer to a client,where the employee works under the general guidance and instruction of the client or a representative of the client. Cleaning rates depend on the type of cleaning and the size of the home. (i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make,or not make,an agreement to take time off instead of payment for overtime. 29.5 The employer must give a written notice to any employee who is not offered suitable alternative employment with the employer that: (a) gives details of the employee’s accrued statutory and award entitlements on termination of the employee’s employment (including accrued annual leave);and, (b) contains a statement of the employee’s service with the employer (including the length of that service,their hours of work,their classification and shift configuration);and. The average hourly pay for a Cleaner in Australia is AU$22.53. (a) Where an employer has given notice of termination to an employee in circumstances of redundancy,the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment. (ii) the date on which the payment is to be made. Effective: 01/07/2020 Published: 01/07/2020 Part-time Table 1 of 2 Classification Hourly pay rate Early morning, afternoon and non-permanent night shift - Monday to Friday Night shift - permanent - Monday to Friday Saturday Sunday Public holiday Cleaning service employee Level 1 … See clause 21.6(b)(i). 27.5 In clause 27 significant effects,on employees,includes any of the following: (b) major changes in the composition,operation or size of the employer’s workforce or in the skills required;or, (c) loss of,or reduction in,job or promotion opportunities;or, (d) loss of,or reduction in,job tenure;or, (f) the need for employees to be retrained or transferred to other work or locations;or. Employers should consult with such employees regarding the handling of this information. MA000022 - 27 Oct 2020. (e) Excluding annualised salaried employees to whom clause H.2(f) applies,where an employee works any hours on the declared or prescribed part-day public holiday they will be entitled to the appropriate public holiday penalty rate (if any) in this award for those hours worked. 30.6 If the dispute remains unresolved,the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute. See sections 119 to 123 of the Act. 6.3 What the written response must include if the employer refuses the request. The close-down period under clause 21.4(a) may be for up to a maximum of 4 weeks,plus public holidays. The new minimum wage for the Contract cleaning sector comes into effect on 1 February 2019. If the close-down period includes any public holiday,then: (i) that public holiday does not count as a day of annual leave,or of leave without pay;and. Divisions 3 to 12 of Part 2-2 of the Act constitute the National Employment Standards. NOTE 1: Information concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. NOTE 2:Under section 340(1) of the Act,an employer must not take adverse action against an employee because the employee has a workplace right,has or has not exercised a workplace right,or proposes or does not propose to exercise a workplace right,or to prevent the employee exercising a workplace right. It is calculated as 4.33 times the standard hours per week if an hourly wage is given. (b) The employer must pay the employee an allowance per week of the amount specified in column 2 of Table 4—Leading hand allowance depending on the number of other employees of which the employee is in charge as specified in column 1 of that table. (c) An agreement must state each of the following: (i) the number of overtime hours to which it applies and when those hours were worked; (ii) that the employer and employee agree that the employee may take time off instead of being paid for the overtime; (iii) that,if the employee requests at any time,the employer must pay the employee,for overtime covered by the agreement but not taken as time off,at the overtime rate applicable to the overtime when worked; (iv) that any payment mentioned in clause 19.5(c)(iii) must be made in the next pay period following the request. (d) a superannuation fund or scheme which the employee is a defined benefit member of. (b) Any agreement to take twice as much annual leave at half pay must be recorded in writing and retained as an employee record. (c) However,the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed. (c) The employee must not suffer any loss of pay for ordinary working time hours not worked during the period of a release from duty mentioned in clause 14.4(b). The Essentials – Business Registration, Licenses, Training, Insurance & Tax. C.2.1 Adjustment of expense-related allowances. (f) If the employee requests at any time,to be paid for overtime covered by an agreement under clause 19.5 but not taken as time off,the employer must pay the employee for the overtime,in the next pay period following the request,at the overtime rate applicable to the overtime when worked. 16.6 Payment on termination of employment. NOTE 2: Provisions for calculating rates for a junior employee of a shopping trolley collection contractor are at clause 15.2—Junior rates (employees of shopping trolley collection contractors). NOTE: Schedule B—Summary of Hourly Rates of Pay sets out hourly rates of pay including penalty rates. The new minimum wage rates proposed by the Bargaining Forum are as follows: R22.00 for Area A; R22.20 for Area B and R20.07 for Area C. The Contract Cleaning Sector public hearings started on 29 October 2018. Visit PayScale to research cleaner hourly pay by city, experience, skill, employer and more. NOTE 2: An employer may only refuse a section 65 request for a change in working arrangements on ‘reasonable business grounds’(see section 65(5) and (5A)). Wages per month are calculated as 4.33 times if a weekly wage is defined. For example,the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES. (b) A regular casual employee is a casual employee who has in the preceding period of 12 months worked a pattern of hours on an ongoing basis which,without significant adjustment,the employee could continue to perform as a full-time employee or part-time employee under the provisions of this award. 21.5 Excessive leave accruals:general provision. Under section 342(1) of the Act,an employer takes adverse action against an employee if the employer dismisses the employee,injures the employee in his or her employment,alters the position of the employee to the employee’s prejudice,or discriminates between the employee and other employees of the employer. (e) Any request under clause 11.4 must be in writing and provided to the employer. 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