Real Cases: How Cleaners Won Back Pay Under the Cleaning Services Award

Real Cases: How Cleaners Won Back Pay Under the Cleaning Services Award

The cleaning industry is crucial in maintaining cleanliness and hygiene in our workplaces, schools, and homes. However, many cleaners often find themselves underpaid due to misclassifications or misunderstandings about their entitlements under the Cleaning Services Award (MA000022). In this blog, we’ll explore real cases where cleaners successfully claimed back pay, and how you can protect your rights as an employee in this sector.

Case Study: Sydney Commercial Cleaners vs. MetroClean Co. (2023)

The Violations:

  • Misclassification: Level 3 hospital cleaners paid as Level 1 ($5.44/hr underpayment)
  • Unpaid Overtime: 15 staff working 45+ hours/week without penalty rates
  • Falsified Records: Timesheets showed 38 hours when payroll showed 45

The Evidence

  •  Text messages requesting extra unpaid work
  •  Colleague testimonies about actual hours
  • Bank records showing consistent overtime patterns

The Outcome:

  •  $92,147 backpay + $63,000 fines
  • Court-ordered payroll audits for 3 years

How These Mistakes Happen?

Mistake 1: “Casualizing” Permanent Work

Pattern: Same casuals working fixed, full-time hours for 12+ months

Risk: Employees can claim:

  •  Paid leave entitlements
  •  Unfair dismissal protections

Mistake 2: Ignoring Travel Time

Case: A Perth school cleaner won $8,220 for unpaid travel between campuses.

2025 Rule: Travel >30 mins = paid work time

Mistake 3: Flat Rate Scams

Example: “$28/hr all-inclusive” rate missed:

  • Casual loading ($7)
  • Sunday penalties ($14)
  • Overtime ($14-28)

How to Protect Yourself: Understanding Your Rights

To ensure you are not a victim of underpayment or misclassification, it is essential to have a good understanding of your rights under the Cleaning Services Award. Here are some essential tips:

Utilize Workstem’s Award-Interpretation: These resources are designed to help you properly interpret the Cleaning Services Award and ensure that your classification is correct. Misclassification is one of the most common reasons for underpayment.

Keep Accurate Records: Maintain your own timesheets to cross-reference against your employer’s payroll records. Documenting your work hours can provide crucial evidence if discrepancies arise.

Stay Informed: Regularly review updates on the Cleaning Services Award and other workplace regulations to stay current with your rights and entitlements.

How Workstem Helps Cleaning Services Award Businesses

Simplify award interpretation and payroll processing with Workstem, the all-in-one workforce management & payroll software designed for every industry. Our system supports 122+ modern awards & 34 EAs, including the Cleaning Services Award 2025, and keeps you up-to-date with changes in wage rates, penalty rates, and overtime rules.

Managing payroll under the Cleaning Services Award 2025 can be complex. Workstem’s workforce management software ensures:

  • Our award interpretation software
  • Auto-calculates penalties + casual loading
  • Flags classification errors
  • Generates Fair Work-compliant payslips
  • Seamless integrations with Xero, NetSuite, and more

Choose from our Standard or Advanced plan to suit your business needs, and stay Fair Work compliant with confidence.

Book a free demo with our payroll experts and experience how Workstem can streamline your payroll and workforce operations.

FAQs About the Cleaning Services Award  2025

Q1: What’s new in the 2025 Cleaning Services Award?

A1: 3.5% minimum wage increase (projected) for all cleaner levels;Stronger record-keeping requirements for remote/work-from-home cleaners;Clarified overtime rules for mobile workers (travel time between sites now counts toward daily hours).

Q2: Are casual cleaners entitled to the same benefits as part-time or full-time employees?

A2: No, casual cleaners receive a casual loading but do not have access to paid leave benefits provided to part-time or full-time employees.

Q3: What are the common penalties for misclassifying cleaning staff?

A3: Employers can face fines and legal penalties if they incorrectly classify cleaning staff or fail to comply with the pay rates set forth in the Cleaning Services Award.

Q4: Do part-time cleaners get penalty rates?

A4: Yes! Part-timers receive the same penalties as full-timers:

  • 125% Saturdays
  • 150% Sundays
  • 250% Public Holidays

Q5: Can Workstem help with casual employee management?

A5: Absolutely. Workstem supports casual loading, dynamic rosters, and real-time tracking to ensure casual workers are paid correctly and fairly under the award.

Q6: Is Workstem compliant with Fair Work and STP2?

A6: Yes, Workstem is fully compliant with Fair Work obligations and Single Touch Payroll Phase 2 (STP2), ensuring seamless reporting to the ATO.

Read More:

Cleaning Services Award Guide [MA000022]

Cleaning Services Award

Awards

Automate MA000022 compliance with Workstem’s payroll software. [Start Free Trial]

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