From a legal perspective, running a cleaning business will generally be similar to running any other business, so it is essential to get the foundations right. However, there are a few other things to consider. As an employer, you have obligations to your employees. This article will address a few key obligations for an employer in the cleaning industry and additional considerations in running a cleaning business.
1. Pay
As with any business, you must pay your employees the correct amount. This amount would either be in line with the National Employment Standards (NES) minimum wage or following a relevant modern award (which is the case for most employees).
The Cleaning Award covers employers in the contract cleaning services industry throughout Australia and their employees who fit under the classifications of the Cleaning Award.
A “contract cleaning services industry” means the business of providing cleaning services under a contract and includes:
- cleaning;
- hygiene and pollution control;
- trolley collection, excluding trolley collection covered by the General Retail Industry Award 2020; and
- minor property maintenance that is incidental to cleaning.
‘Event cleaning’ means providing cleaning in connection with the staging of:
- sporting events;
- cultural events;
- scientific events;
- technological events;
- agricultural events; and
- entertainment events.
We also note that the Cleaning Award may have additional coverage other than what we have mentioned above.
To determine if the Cleaning Award covers an employee, the employee must be covered under one of the classifications in Schedule A.
Another award may apply if the Cleaning Award does not cover an employee. As an employer, you must ensure that you pay your employee enough.
As an employer, understand your essential employment obligations with this free LegalVision factsheet.
2. Employment Agreements and Policies
Once you have determined the pay and the terms of the employment, we recommend formalising the arrangement in writing. Written employment agreements should apply to all businesses.
It can be useful to clearly set out the employee’s obligations in the employment agreement. Doing so can help mitigate risk against the business if anything goes wrong.
Continue reading this article below the form3. Work Health and Safety
As an employer, you must meet your work health and safety obligations. Generally, employees in a cleaning business are more likely to be exposed to dangerous situations. Such dangers may arise due to the following:
- climbing ladders to clean high areas;
- using larger/heavier equipment, such as carpet cleaners; and
- regularly using chemicals, such as bleach.
Some practical considerations to ensure the health and safety of your employees and comply with your work health and safety obligations include:
- doing what is reasonably practicable to ensure a safe environment for your workers;
- ensuring employees know how to use equipment or chemical products properly;
- taking time to explain workplace policies and procedures thoroughly;
- having open communication lines so that employees will let you know when something is wrong; and
- making it clear who the employee should speak to if they have any questions.
Training
Training can be a useful way to ensure that employees understand what is set out in the workplace policy and go into further detail than in the policy. It also gives employees an opportunity to ask questions and have them answered on the spot.
Policies
A policy is a way of communicating with an employee about expectations within the workplace and requiring them to do something or not to do something. Essentially, it is a direction from an employer in writing.
Key Takeaways
Running a cleaning business can be a significant business venture. However, you must understand your obligations as they could differ slightly from running another type of business. For example, you must understand the correct rate of pay in the cleaning industry, ensure that employees agree to comply with workplace policies and ensure you know your work health and safety obligations and the risks to health and safety that are associated with a cleaning business.
If you would like to discuss your obligations as an employer running a cleaning business, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
With over 120 modern awards, it can sometimes be difficult to determine which modern award covers your employees. In the cleaning industry, the ‘Cleaning Services Award 2020’ may be the relevant modern award that covers your business and your employees.
As an employer, you should ensure you’re meeting your work health and safety obligations. Generally, employees in a cleaning business may be exposed to more dangerous situations (e.g. climbing ladders to clean high areas), larger/heavier equipment (e.g. carpet cleaners) and chemicals on a daily basis (e.g. bleach).
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