Can my employer enforce unpaid cleaning duties under my award?

Jurisdiction: Australia • Practice Area: Employment Law• Published October 22, 2026

The situation

I work as a casual hospitality staff member in Brisbane, Queensland. My employer recently changed our roster to include a mandatory 45-minute unpaid shift at the end of the night to clean the venue. I checked the General Retail Industry Award 2010, but I cannot find a clause that explicitly permits this type of unpaid labour. My manager claims that the award includes a 'programme' term that allows for setup and close-down duties without pay. I asked for the specific section of the award they are referencing, but they refused to provide it, just saying it is standard practice. I have been working here for eight months, and this unpaid time has happened every Friday for the last month. I am unsure if my employer is legally allowed to enforce this unpaid work, or if they are including a term that contradicts the National Employment Standards. I earn $25 per hour, and losing 45 minutes of that every week adds up significantly. I need to know if I can refuse to stay unpaid without getting in trouble.

Quick Summary

No, it is highly unlikely your employer can legally force you to perform mandatory cleaning duties without pay. Under the Fair Work Act, modern awards cannot include terms that go against the National Employment Standards (NES), which protect your right to be paid for work performed [cite:au-fair-work-2009-sec136].

Detailed Analysis

In Australia, a modern award is a legal document that sets out the minimum pay and working conditions for a specific industry. Your employer's claim that a 'programme' term allows for unpaid cleaning is highly suspect. While a modern award may include terms regarding "arrangements for when work is performed, including hours of work, rostering, notice periods, rest breaks and variations to working hours" [cite:au-fair-work-2009-sec139], this refers to how your schedule is managed, not a permission to perform labor for free. Under the Fair Work Act, a modern award "must not include terms that contravene" [cite:au-fair-work-2009-sec136] the National Employment Standards (NES). The NES provides a baseline of rights for all employees, including the right to be paid for all time spent performing work duties. If your manager is forcing you to clean for 45 minutes every Friday without pay, this likely violates the NES. Furthermore, a modern award "must not include an objectionable term" [cite:au-fair-work-2009-sec150]. An objectionable term is a rule in an award that is considered unfair or illegal. Requiring mandatory, unpaid labor is generally considered an illegal or objectionable practice. Because you are earning $25 per hour, these unpaid 45-minute shifts are costing you significant wages. While I cannot confirm the exact legality without seeing the specific 'programme' term your manager mentioned, the law generally prevents employers from using award terms to bypass the requirement to pay for all work performed. It is also worth noting that your manager's refusal to provide the specific section of the award is a significant red flag. State, provincial, or local laws in Queensland may also provide additional protections regarding employment and wages.

Statutory Citations

Legal Citation: Fair Work Act 2009 § Section 136 — What can be included in modern awards
"A modern award must not include terms that contravene: ... (b) section 55 (which deals with the interaction between the National Employment Standards and a modern award or enterprise agreement)."
View Official Legislation →
Legal Citation: Fair Work Act 2009 § Section 139 — Terms that may be included in modern awards—general
"A modern award may include terms about any of the following matters: ... (c) arrangements for when work is performed, including hours of work, rostering, notice periods, rest breaks and variations to working hours;"
View Official Legislation →
Legal Citation: Fair Work Act 2009 § Section 150 — Objectionable terms
"A modern award must not include an objectionable term."
View Official Legislation →

Important Legal Disclaimer

General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.

Have a situation like this?

Ask the AI Lawyer app about your specific case.

Related Questions