Last reviewed November 2026
A commercial cleaning contract should say, in writing, who you’re contracting with, exactly what will be cleaned and how often, what it costs and how that price can change, how missed cleans are fixed, who carries which risks, and how either side can end it. Before you sign, check each of the 15 clauses below against the draft in front of you.
Most disputes with cleaning contractors aren’t about the cleaning itself. They’re about what the contract says, or doesn’t say, when something goes wrong: a missed clean, a price rise or a request to leave. This checklist is for facility, office, strata and practice managers and procurement teams, and gives what to look for and what to watch out for in each clause.
If you’re still choosing between cleaning companies, start with our guide on how to choose a commercial cleaning company. This article picks up once you’ve got a preferred contractor and a draft agreement.
Most cleaning contracts are a contractor’s standard terms with a schedule for your site. That matters, because Australia’s unfair contract terms law applies to standard form contracts.
The ACCC describes a standard form contract as a pre-written contract where the customer can’t change any, or the majority, of the terms (ACCC small business education program).
Since 9 November 2023, the protections cover small business contracts where a party employs fewer than 100 people or has annual turnover under $10 million. They apply to standard form contracts made or renewed on or after that date, and to terms varied or added on or after it. Businesses can now be penalised for proposing, using or relying on unfair terms (ACCC).
According to the ACCC, a term is unfair if it meets all three of these tests:
The law doesn’t cover terms that define the main subject matter of the contract, the upfront price, or terms required or expressly permitted by another law (ACCC – types of terms that may be unfair).
A services example. In 2017 the ACCC took waste collection company JJ Richards to court over terms in its small business contracts, including automatic renewal unless customers cancelled within 30 days before the end of the term, the ability to increase prices unilaterally, and removing its liability where performance was “prevented or hindered in any way” (ACCC). The Federal Court declared, by consent, that eight terms were unfair and void (Clayton Utz). Cleaning contracts often contain similar clauses, so they’re worth reading closely.
Whether a particular term is unfair depends on the whole contract and your circumstances. If something looks one-sided, ask the contractor to change it, and get legal advice before you sign.
Look for: the contractor’s full legal entity name and ABN, and your own correct entity (company, trust or owners corporation).
Watch for: a trading name only, or an entity that doesn’t match the name on the insurance certificates. If the contract is with one company and the insurance is held by another, ask why.
Look for: a clear start date, a fixed term, and if you’ve agreed one, a trial period with how it will be assessed and how either side can exit at the end.
Watch for: a long initial term with no performance exit (see clause 15). There’s no standard length for a cleaning contract; what matters is that the term matches how confident you are in the contractor, and that you can leave if standards fall.
Look for: renewal by agreement, or automatic renewal only with a reminder before the opt-out date and a reasonable window to say no.
Watch for: automatic renewal for another full term unless you cancel inside a short window. The ACCC lists terms that “automatically renew a contract without the other party’s express consent” as a type that may be unfair. Put the opt-out date in your calendar the day you sign.
The scope is usually a schedule to the contract, and it’s the most important page in it. The price, the inspections and every argument about a missed task come back to it.
Look for: each area listed separately, with tasks and frequencies (daily, weekly, monthly, periodic), what’s excluded, and a date or version number so you know which scope applies.
Watch for: “general cleaning as required”, or a scope that refers to a document you haven’t been given. Our how to choose guide lists what a good scope covers.
Look for: service days and hours, how cleaners enter and leave the building, who holds keys, swipe cards and alarm codes, a written key register, and what happens if a key or card is lost. If cleaners will see confidential documents or records, include a confidentiality clause.
Watch for: no mention of keys or alarms at all, or loss-of-key costs that fall entirely on you.
Look for: who supplies toilet paper, hand towels, soap and bin liners, and on what basis (included, cost plus a margin, or a fixed allowance). Who supplies and maintains equipment. A list of chemicals to be used on site, with safety data sheets available.
Watch for: consumables “charged as used” with no price list or monthly cap.
Look for: the price per visit, week or month for the scope, whether it includes GST, the invoicing cycle and payment terms.
Watch for: extra charges that aren’t listed: call-out fees, public holiday surcharges or administration fees. If public holiday cleaning is in scope, the rate should be stated.
Cleaning is labour-heavy, and award minimum wages for contract cleaners are reviewed every year by the Fair Work Commission, with the new rates usually taking effect from 1 July (Fair Work Commission). A multi-year contract needs a fair way to deal with that. See our guide to cleaning award pay rates and what they mean for your quote.
Look for: when the price can change (for example, annually), what any change is linked to (award increases, CPI or a fixed percentage), how much notice you get, and your options if you don’t accept it.
Watch for: a right for the contractor to change prices at any time without notice or a right for you to exit. The ACCC gives unilateral price changes as an example of a term that may be unfair. Also be wary of a price “locked” for several years with no review: the cost tends to come back as fewer hours on site.
Look for: how the scope can be changed, how extra work is quoted, and a rule that nothing outside the scope is charged without written approval (email is fine). Include how one-off requests, such as a clean after a function or a spill, are handled and priced.
Watch for: a right for the contractor to vary the scope or service on its own. The ACCC lists terms that let one party alone vary the contract as potentially unfair.
Look for: how the work will be inspected (by whom, how often, against the scope), what reports you’ll receive, your single point of contact, and an escalation path. A simple dispute clause: raise it in writing, meet within a set time, then escalate to senior management or mediation.
Watch for: no inspection or reporting commitment, or a dispute clause that only lets the contractor raise disputes.
Look for: how you report a missed or substandard task, how quickly it will be fixed, and what happens if it isn’t, such as a credit for the missed service. Repeated failures should link to the termination clause.
Watch for: a “re-clean on request” promise in the sales material that isn’t in the contract. There’s no industry standard response time, so whatever was promised needs to be written down.
Look for: who employs the cleaners; whether the contractor can subcontract, and only with your written consent; a commitment to comply with workplace laws, including the Cleaning Services Award 2020 or the applicable agreement; how relief cover and new-cleaner inductions work; and screening requirements, such as police checks or Working With Children Checks where your site needs them.
Watch for: unrestricted subcontracting. A Fair Work Ombudsman inquiry found that multiple levels of subcontracting “can create conditions which allow non-compliance to occur”. It’s reasonable to ask for a right to request evidence of compliance, such as confirmation that wages and super are paid.
When a cleaning contractor works on your premises, you can both have WHS duties for the same work. Safe Work Australia says WHS duties can’t be transferred, and duty holders must consult and exchange information. A contract can’t move your duties to the contractor, but it can set out how you’ll work together.
Look for: a site induction before the first clean, a site-specific risk assessment, how incidents and hazards are reported to you, rules for cleaners working alone after hours, and how you’ll tell the contractor about site hazards and changes.
Watch for: a clause that says safety is “entirely the contractor’s responsibility”. It sounds reassuring but doesn’t reflect how WHS duties work.
Look for: the types and minimum amounts of insurance the contractor must hold (at least public liability and workers compensation), a requirement to provide current certificates of currency each year, and an indemnity for loss caused by the contractor’s negligence. Check the limits against your lease, head contract or strata requirements.
Watch for: a liability cap set so low it’s meaningless, or a clause excluding liability for the contractor’s own negligence. The ACCC lists terms that let one party avoid or limit its obligations, such as limiting liability for its own negligence, as a type that may be unfair. Ask your insurer or broker to check this clause.
Look for:
Watch for: no way out for poor performance, termination fees that equal the rest of the contract value, or a clause that stops you terminating while any payment is outstanding (one of the JJ Richards terms). The ACCC lists terms that penalise a party for breaching or terminating a contract, and terms that only one party can use to terminate, as potentially unfair.
Print this, and tick each clause as you read the draft.
| # | Clause | What to confirm | OK? | Notes |
|---|---|---|---|---|
| 1 | Parties | Legal entity and ABN match insurance certificates | ||
| 2 | Term and trial | Start date, term, trial assessment and exit | ||
| 3 | Renewal | Renewal by agreement or with reminder; opt-out window | ||
| 4 | Scope | Areas, tasks, frequencies, exclusions, version date | ||
| 5 | Access and keys | Hours, key register, alarm codes, lost keys, confidentiality | ||
| 6 | Supplies and chemicals | Consumables basis, equipment, chemical list and SDS | ||
| 7 | Price and payment | Price, GST, invoicing, payment terms, listed extras | ||
| 8 | Price review | When, linked to what, notice, your options | ||
| 9 | Variations | Written approval before any extra work is charged | ||
| 10 | Performance and disputes | Inspections, reports, contact, escalation, mediation | ||
| 11 | Missed cleans | Reporting, fix time, credits, link to termination | ||
| 12 | Staffing and subcontracting | Employer named, consent to subcontract, labour compliance evidence | ||
| 13 | WHS | Induction, risk assessment, incident reporting, lone work | ||
| 14 | Insurance and liability | Certificates, limits, indemnity, reasonable cap | ||
| 15 | Termination and handover | Notice, performance exit, fees, key return, transition |
If you’re running a formal tender or request for quote, build these clauses into your tender pack, so every contractor prices the same terms. Include your scope schedule, service hours, key procedure, reporting requirements and the draft contract (or your required terms). Comparing quotes is much easier when the contracts behind them are the same.
Strata committees and government or school buyers may also have their own procurement and approval rules. Check those with your strata manager or procurement team before you accept a contract.
Contract cleaning is cleaning carried out by an outside company under a written agreement, rather than by your own employees. The contract sets the scope, frequency, price and standards, and how either side can end the arrangement.
There’s no official template. Contractors usually use their own terms, and some organisations use their own procurement contracts. Use the 15 clauses above as a checklist against whichever template you’re given, and get legal advice for a significant or long-term contract.
There’s no standard length. Shorter terms, or a longer term with a trial period and a fair performance exit, give you more flexibility. A longer term may suit a complex site once you trust the contractor. Whatever the term, check the renewal and termination clauses.
If B&K Services is on your shortlist, here is where we stand on some of the clauses above. For clause 4, before service starts, we walk your site with you and agree the scope, frequency, timing and responsibilities in writing (how we work). For clause 14, our insurance and certification documents are available during procurement. For clause 10, you have a dedicated account manager as your point of contact, backed by scheduled quality checks.
If you’re comparing agreements for a site in Sydney, Wollongong or Nowra, request a free quote or call 1300 136 954, and run our terms through this checklist alongside everyone else’s. You can also read about our commercial cleaning in Sydney.
This article is general information, not legal advice. Contract law and unfair contract terms protections depend on your circumstances; get advice from a lawyer before signing a significant contract.