Commonwealth Cleaning Services Guidelines

Current as at 1 July 2012

Table of contents

1. Foreword

2. Purpose

3. The Legislative Framework

4. Scope

5. Australian Government Cleaning Services tender and contract requirements

6. Definitions

Schedule A

Schedule B

Schedule C

Schedule D

Schedule E

Schedule F

1. Foreword

In view of the history of underpayment, exploitation and unsafe work practices in the cleaning industry, the Government identified this sector as requiring special attention to promote fairness, bargaining, freedom of association and other workplace rights. 

While many of these matters have been significantly enhanced by the Fair Work Act 2009
(the Fair Work Act) and the modernised Cleaning Services Award 2010, the Government has also introduced additional requirements under the Fair Work Principles to improve the working
conditions of contract cleaners working in Commonwealth buildings.

I am re-issuing the Commonwealth Cleaning Services Guidelines originally released by the Hon Chris Evans in November 2011. These Guidelines continue to strengthen the cleaning specific requirements of the Fair Work Principles, and ensure that the Government’s objective of promoting better wages and conditions for vulnerable workers in the cleaning industry in respect of Australian Government cleaning services contracts can be realised.

Signed

Bill Shorten
Minister for Employment and Workplace Relations

2.      Purpose

2.1          The Commonwealth Cleaning Services Guidelines (Guidelines) are issued by the Minister for Tertiary Education, Skills, Jobs and Workplace Relations under Regulation 7B of the Financial Management and Accountability Regulations 1997 (FMA Regulations)[1]. These Guidelines must be complied with by Australian Government officials.

2.2          The purpose of these Guidelines is to prescribe certain circumstances in which Australian Government agencies must decline to accept a tenderer’s proposal or enter into a contract
with a tenderer in relation to an Australian Government Cleaning Services Contract (AGCSC) as defined at Section 6 of these Guidelines.

2.3          These Guidelines apply to Australian Government agencies, their employees and contractors which are subject to the Financial Management and Accountability Act 1997 (FMA Act), hereafter. A body subject to the Commonwealth Authorities and Companies Act 1997 (CAC
Act) is not subject to these Guidelines unless the Finance Minister has issued a direction under the CAC Act.

3.      The Legislative Framework

3.1          These Guidelines are a Legislative Instrument registered in accordance with the requirements of the Legislative Instruments Act 2003, and relevant individuals and Australian Government agencies have a legal obligation to comply with the requirements set out within these Guidelines.

3.2          These Guidelines are part of the Australian Government’s financial management framework, which creates an overarching requirement to manage an agency’s affairs efficiently, effectively, economically, and ethically and in accordance with the policies of the Commonwealth.

3.3          Breaches of these Guidelines, as part of the financial management framework, may attract a range of administrative and disciplinary sanctions (including under the FMA Act and the Public Service Act 1999). Non-compliance with the financial management framework is also reported in agency Certificates of Compliance.

4.      Scope

4.1          Application

4.1.1         These Guidelines apply to procurements at or above the procurement thresholds specified in paragraph 3.3 of the Commonwealth Procurement Rules (CPRs).

4.1.2         Australian Government agencies should note that the procurement thresholds may be subject to change. For the purposes of the Fair Work Principles , ‘Australian Government agencies’ include:

1. all Departments of State, Departments of the Parliament and prescribed agencies named in Schedule 1 of the FMA Regulations(FMA agencies); and
2. all Commonwealth authorities and companies listed in Schedule 1 to the
   Commonwealth Authorities and Companies Regulations 1997 through a direction issued by the Minister for Finance and Deregulation under section 47A of the Commonwealth Authorities and Companies Act 1997 (relevant CAC Act bodies).

4.1.3 Paragraph 3.3 of the CPRs specifies the procurement thresholds, including GST, as of 1 July 2012 to be:

1. For FMA Act agencies, other than for procurements of construction services, the procurement threshold is $80,000;

ii.         For relevant CAC Act bodies, other than for procurements of construction services, the procurement threshold is $400,000; or

iii.       For procurements of construction services by FMA Act agencies or relevant CAC Act bodies, the procurement threshold is $9 million;

4.1.4 Consistent with paragraph 3.2b of the CPRs, these Guidelines do not apply to the procurements listed in Appendix A of the CPRs ‘Exemptions from Division 2.’

4.2          Date of effect

4.2.1         These Guidelines apply to each request for tender or request for expressions of interest issued by Australian Government agencies for the first time on or after 1 July 2012 and any Australian Government Cleaning Services Contract (AGCSC) commencing on or after 1 July 2012.

4.2.2         These Guidelines apply prospectively, and do not require Australian Government agencies to amend contracts with suppliers that are in place prior to 1 July 2012 or to amend documentation associated with request for tender or request for expressions of interest which has been issued prior to 1 July 2012.

4.2.3         However, where an Australian Government agency’s AGCSC, which was entered into before 1 July 2012, has an option to extend the AGCSC, Australian Government agencies are encouraged to consult with the contractor and consider appropriate contract variations to incorporate the requirements of these Guidelines on a case by case basis.

5.      Australian Government Cleaning Services tender and contract requirements

5.1               Tender requirements

5.1.1         Australian Government agencies and the persons to whom these guidelines apply (see paragraph 2.3) must decline to accept a tender proposal for an AGCSC where the tenderer does not undertake to be bound under any AGCSC arising from the tender to:

1. pay the employees for the work performed under the AGCSC no less than the applicable prescribed minimum hourly base rates of pay (not including any allowances that may be payable to the employee) for the state or territory in which the work is to be performed;
2. require any subcontractor engaged under the AGCSC to deliver cleaning services to pay the employees of the subcontractor for work performed under the AGCSC no less   than the applicable prescribed minimum hourly base rates of pay (not including any allowances that may be payable to the employee) for the state or territory in which the work is to be performed;
3. comply with the mandatory practices for AGCSC as outlined at Schedule F of these Guidelines;  and
4. require any subcontractor engaged under the AGCSC to deliver cleaning services to comply with mandatory practices for AGCSC as outlined at Schedule F of these Guidelines.  

5.1.2         Mandatory practices for AGCSC:

1. Australian Government agencies and the persons to whom these guidelines apply must, in their tender for an AGCSC, require a tenderer to provide information and evidence on how they will comply with the mandatory practices for AGCSC.
2. Australian Government agencies and the persons to whom these guidelines apply must not enter into a contract with a tenderer if the Australian Government agency is not satisfied that the information and evidence provided by a tenderer adequately outlines how they will comply with the mandatory practices for AGCSC.

5.1.3         Prescribed minimum hourly base rates of pay:

1. It is the intention of the Australian Government to transition to uniform pay scales across all states and territories for all AGCSCs.
2. From 1 July 2012 the applicable hourly rates of pay (not including any allowances that may be payable to the employee) for the state or territory in which the work is to be performed by the cleaning services employees engaged under the AGCSC,  is prescribed at Schedule A of these Guidelines.
3. From 1 July 2013 the applicable hourly rates of pay (not including any allowances that may be payable to the employee) are the same for all states or territories in which the work is to be performed by the cleaning services employees engaged under the AGCSC. These rates are prescribed at Schedule B of these Guidelines. 
4. From 1 July 2014 the applicable hourly rates of pay (not including any allowances that may be payable to the employee) are the same for all states or territories in which the work is to be performed by the cleaning services employees engaged under the AGCSC. These rates are prescribed at Schedule C of these Guidelines.
5. From 1 July 2015 the applicable hourly rates of pay (not including any allowances that may be payable to the employee) are the same for all states or territories in which the

work is to be performed by the cleaning services employees engaged under the AGCSC. These rates are prescribed at Schedule D of these Guidelines.

f.               From 1 July 2016 the applicable hourly rates of pay (not including any allowances that may be payable to the employee) are the same for all states or territories in which the work is to be performed by the cleaning services employees engaged under the AGCSC. These rates are prescribed at Schedule E of these Guidelines.

5.2          Contract requirements

5.2.1         Australian Government agencies and the persons to whom these guidelines apply must not enter into an AGCSC that does not include a contractual obligation on the contractor to:

1. pay employees for work performed under an AGCSC no less than the applicable minimum hourly base rates of pay (not including any allowances that may be payable to the employee) prescribed in these Guidelines;
2. require any subcontractor engaged under the AGCSC to deliver cleaning services to
   pay the employees of the subcontractor for work performed under the AGCSC no less than the applicable minimum hourly base rates of pay (not including any allowances that may be payable to the employee) prescribed in these Guidelines;
3. comply with the mandatory practices for AGCSC (as per Schedule F); and
4. provide, when requested by an Australian Government agency, records which show:
   1. the number of full time, part time, and part time shift employees who are performing, or have performed, work under the AGCSC; 
   2. the levels of the employees who are performing, or have performed, work under the AGCSC;
   3. the hourly rates that are paid or have been paid to employees who are performing, or have performed work under the AGCSC;
   4. the types  of training, equipment and materials provided to employees who are performing or have performed work under the AGCSC;
   5. copies of the written duty schedules listing specific tasks to be completed that are provided to employees who are performing or have performed work under the AGCSC;
   6. that the workloads for employees who are performing or have performed work under the AGCSC are fair and reasonable workloads and that there are adequate employees performing work under the AGCSC to achieve the required performance levels; 
   7. that freedom of association and representation of employees who are performing or have performed work under the AGCSC  is acknowledged and supported; and
   8. where the contractor has subcontracted the delivery of some or all cleaning services under the AGCSC, the information at points 5.2 d i to vi in relation to the subcontractor’s employees who are performing, or have performed, work under the AGCSC.

5.2.2         The requirements in section 5 of these Guidelines do not apply to tenderers who do not  have a commercial presence in Australia unless they subcontract or employ cleaning staff within Australia.

6.      Definitions

6.1          AGCSC

6.1.1         For the purposes of these Guidelines, an Australian Government Cleaning Services Contract (AGCSC) is a contract for the delivery of internal and/or external cleaning services in a  Central Business District location as defined at section 6.6 of these Guidelines:

1. at premises occupied by an Australian Government agency; or
2. entered into by an Australian Government agency on its own account, or for and on behalf of the Commonwealth.

6.2          Australian Government agencies

6.2.1         For the purposes of these Guidelines, Australian Government agencies are:

1. all Departments of State, Departments of the Parliament and prescribed agencies named in Schedule 1 of the FMA Regulations(FMA agencies); and
2. all Commonwealth authorities and companies listed in Schedule 1 to the

Commonwealth Authorities and Companies Regulations 1997 through a direction issued by the Minister for Finance and Deregulation under section 47A of the Commonwealth Authorities and Companies Act 1997 (relevant CAC Act bodies).

6.3          Building Services Employee

6.3.1         A Building Service Employee Grade One (BSE 1) means an employee who at the completion of their training and induction is capable of performing work within the scope of this level. Such an employee performs those tasks customarily performed by cleaners utilising a range of materials and equipment, to clean a range of surfaces in order to restore or maintain buildings in a clean and hygienic condition.

Indicative of the tasks which an employee at this level may perform, on a daily or periodic basis, are the following:

1. vacuuming and spot cleaning of carpets and soft furnishings;
2. sweeping and mopping;
3. toilet cleaning; 
4. rubbish collection;
5. cleaning of glass, both internal and external;  and
6. dusting of hard surfaces

6.3.2         A Building Service Employee Grade Two (BSE 2) means an employee who at the completion of training is capable of performing work above and beyond the skills of an employee at BSE 1 level notwithstanding the fact that they may be required to perform any duties of a BSE 1 and, in addition, is engaged for a majority of each day or shift on any of the following tasks, or a combination of such tasks:

1. carrying out those roles expected of a Leading Hand;
2. ordering supplies and receiving deliveries;
3. carpet cleaning;
4. operating "ride on" powered machinery;

e.    operating steam cleaning and pressure washing equipment on the exterior of buildings;

f.      distribution of toilet and other requisites and cleaning materials in buildings;

g.    the performance of customer or public relations duties as required;

h.    assisting in the provision of on-the-job training;

i.      minor maintenance duties incidental and peripheral to cleaning (and of a non-trade nature);  and

j.      the application of sealer/finish.

6.3.3         A Building Service Employee Grade Three (BSE 3) means either:

6.3.3.1        An employee who is entrusted with the supervision of cleaning as a principal responsibility, who co-ordinates the work of BSEs 1, 2 and 3 and who generally superintends the activity of all the buildings cleaners. Indicative of the tasks which an employee at this level may perform are the following:

1. ensuring that proper maintenance procedures for building plant and equipment are observed;
2. the arrangement of service calls to ensure that building plant is operating correctly;
3. dealing with tenants and owners responsible with respect to the proper cleaning, servicing and functioning of the building;
4. co-ordination of the work with Leading Hands of all cleaners; and
5. handling routine personnel, industrial relations and health and safety matters.

or

6.3.3.2        An employee who is responsible for cleaning windows on the exterior of multi-storied buildings from swinging scaffolds, bosun's chairs, hydraulic bucket trucks or similar devices.

6.4          Cleaning Services

6.4.1         Cleaning services includes hygiene and pollution control, and minor property maintenance which is incidental or peripheral to cleaning.

6.5          Employee types

6.5.1         A full time employee means an ongoing employee engaged to work an average of 38 ordinary hours per week.

6.5.2         A part-time employee means an employee who is engaged to work less than the full-time hours of 38 per week.

6.5.3         A part time night employee means a part time employee whose ordinary hours of duty conclude or commence between the hours of 6.00pm and 6.00am.

6.6          Central  Business District Locations

6.6.1         For the purpose of these Guidelines, ‘Central Business District location’ has the following meaning only in relation  to each of the following jurisdictions:

1. Australian Capital Territory:
   • Civic: the areas and suburbs bounded by Barry Drive/Cooyong Street in the north, Ballumbir Street in the north-east, Coranderrk Street in the south-east, Parkes Way in the south, Hales Street/McCoy Circuit in the south-west, and Ellery  Crescent/Kingsley Street in the north-west.
   • Non Civic: the areas of Airport, Barton, Belconnen, Braddon, Bruce, Campbell, Deakin, Dickson, Forrest, Fyshwick, Griffith, Gungahlin, Kingston, Lyneham, Mawson, Mitchell, Parkes, Phillip, Reid, Russell, Symonston, Tuggeranong, Turner, Weston and Yarralumla.
2. New South Wales:
   • Sydney CBD: the area bounded by Harris Street in the west, Lee Street/Eddy Avenue/Foveaux Street in the south, Crown Street/St Marys Road/Hospital Road/Macquarie Street in the east and the Sydney waterfront to the north (including Darling Harbour, the Rocks and Circular Quay).
   • North Sydney: the area bounded by the Warringah Freeway in the east, Falcon Street in the north, the Pacific Highway/Bay Road/Carr Street in the west and the waterfront in the south (including McMahons Point and Milsons Point).
   • Chatswood: the area bounded by the Pacific Highway in the west, Albert/Victoria Avenues in the south-east, Penshurst Street in the north-east and Boundary Street in the north-west.
   • Parramatta: the area bounded by O’Connell/Pitt Streets in the west, Boundary/Raymond/Cambridge/Allen Streets in the south, Harris/Macarthur/Buller Streets in the east, and Albert Street in the north.
3. Northern Territory:
   • Darwin CBD: the area bounded by The Esplanade in the south-west, Daly Street in  the north-west, McMinn Street in the north-east and the Darwin City Waterfront in the south-east.
4. Queensland:
   • Brisbane CBD: the area bounded by Saul/Roma/Albert Streets in the north-west, Wickham Terrace/Turbot Street/Boundary Street in the north-east, and the Brisbane River curving around from the William Jolly Bridge in the north-west to the Story Bridge in the north-east.
   • Brisbane Near City: the areas of Toowong, Milton, Spring Hill, Fortitude Valley, Bowen Hills, Newstead and New Farm to the north of the Brisbane River, and West End, South Brisbane, Woolloongabba, Kangaroo Point, East Brisbane and  Greenslopes to the south of the Brisbane River.
   • Upper Mount Gravatt & Macgregor:  the commercial precinct of Upper Mount Gravatt and Macgregor.
   • Chermside: defined as the commercial precinct of Chermside.

e.    South Australia:

• Adelaide CBD: the area bounded by North Terrace (including Riverside Terrace and the ASER Complex) in the north, East Terrace/Hutt Street in the east, South Terrace in the south and West Terrace in the west.

1. Tasmania:
   • Hobart CBD: the area bounded by Molle Street/Davey Street/Hampden Road in the south-west, Melville Street in the north-west, Brooker Avenue/Hunter Street in the north east and the Harbour in the south-west.
   • University of Tasmania, Sandy Bay Campus.
2. Victoria:
   • Melbourne CBD: the area bounded by Spencer Street in the west, Dudley/Peel/Victoria Streets in north, Spring Street in the east and the Yarra River in the south.
   • Docklands: the area bounded by Spencer Street in the east, the Yarra River/Lorimer Street in the south, Bolte Bridge in the west and Footscray Road/Docklands Highway/Dudley Street in the north.
   • Southbank: the area bounded by the Yarra River in the north, St Kilda Road/Wadey Street/Wells Street/Palmerston Crescent in the east, Kings Way/Bank Street/Tope Street/Market Street/City Road in the south, and Montague Street/Docklands Highway in the west.
   • St Kilda Road: the area bounded by Punt Road in the east, Toorak Road//St Kilda Road in the north-east, Coventry Street/Wells Street/Palmerston Crescent/Raglan Street in the north-west, and Moray Street/Albert Road/Queens Road in the south-west.
3. Western Australia:
   • Perth CBD: defined as the area bounded by Riverside Drive in the south, Mitchell Freeway in the west, Graham Farmer Freeway in the north and the Swan River in the east.
   • West Perth: defined as the area bounded by Kings Park Road/Malcolm Street in the south, Mitchell Freeway in the east, Roe/Railway Streets in the north and Thomas Street in the west.

Schedule A

Schedule B

Schedule C

Schedule D

Schedule E

Schedule F

Mandatory practices for AGCSC

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[1] Regulation 7B of the FMA Regulations provides that the Minister for Workplace Relations may issue
guidelines (to be called Commonwealth Cleaning Services Guidelines) about Australian Government Cleaning Services tenders and contracts entered into for the provision of cleaning services.