Can my employer enforce unpaid cleaning duties under my award?
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
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.
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