Fitness Industry Award Summary Updated 2023

In this article, we detail some of the key provisions in the Fitness Industry Award including what it covers for employers and employees throughout Australia who are wholly or principally engaged in the “fitness industry”.

HR Connect advises a large number of organisations in this sector and has produced this Fitness Industry Award Summary to help employers cut through the complexities of the award.

If you require any assistance in understanding your rights or obligations under the Award, please contact us.

 

Table of Contents

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COVERAGE
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TYPES OF EMPLOYEES
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ORDINARY HOURS OF WORK AND ROSTERING ARRANGEMENTS
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PENALTY RATES
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OVERTIME
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BREAKS
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PAYMENT OF WAGES
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ALLOWANCES
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LEAVE AND PUBLIC HOLIDAYS
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CONSULTATION AND DISPUTE RESOLUTION
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NOTICE OF TERMINATION
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REDUNDANCY
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CLASSIFICATION DEFINITIONS
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COVERAGE
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TYPES OF EMPLOYEES
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ORDINARY HOURS OF WORK AND ROSTERING ARRANGEMENTS
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PENALTY RATES
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OVERTIME
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BREAKS
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PAYMENT OF WAGES
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ALLOWANCES
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LEAVE AND PUBLIC HOLIDAYS
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CONSULTATION AND DISPUTE RESOLUTION
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NOTICE OF TERMINATION
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REDUNDANCY
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CLASSIFICATION DEFINITIONS

Coverage

The Fitness Industry Award 2020 is designed to cover employers and employees throughout Australia who are wholly or principally engaged in the “fitness industry”.

“Fitness industry” is defined as “the operation or provision of: fitness centres; fitness services or classes; group fitness organisations; weight loss/control centres; aquatic centres; aquatic services or classes; indoor sports centres; golf driving ranges; dance centres; martial arts centres; recreational camps; tennis clubs and centres; tennis coaching or classes; and gymnastic services, activities or classes.”

 

The specific reference to “tennis clubs and centres; tennis coaching or classes” was only added to the Award when its terms were updated in 2020.

In practical terms, the Award is designed to cover a range of employers and employees who work in the fitness industry including employers who supply labour on an on-hire basis in the industry and employers which provide group training services for trainees in the fitness industry.

It is possible for sports coaches and instructors to be covered by alternative awards such as:

  • Registered and Licensed Clubs Award 2020 – coaches employed by a registered / licensed club
  • Sporting Organisations Award 2020 – for coaches employed by the governing body of a national / State / Territory sporting organisation
  • Educational Services (Schools) General Staff Award 2020 – coaches employed by schools or to provide services to schools

The Award covers employees that provide administrative and other operational support that are based at fitness centres, group fitness organisations, weight loss/control centres, aquatic centres, indoor sports centres, golf driving ranges, dance centres, martial arts centres, recreational camps, tennis clubs and centres.

Employees that provide administrative and other operational support and are based outside of these settings are likely to be covered by the Clerks – Private Sector Award 2020.

Employees must be classified under a particular classification level based on duties, qualifications and experience. We provide further guidance on classification levels later in this summary, the importance of the classification level is that this dictates the minimum wage that the relevant employee must be paid.

An employer must advise an employee in writing of their classification on commencement of employment and on any subsequent changes to their classification.

The Award just provides for minimum rates of pay, but does not prevent an employer from providing more beneficial terms.

Types of employees

Employees must be classified as:

  • Full-time;
  • Part-time; or
  • Casual

 

Full-time employees

Full-time employees are engaged to work an average of 38 hours per week.

 

Part-time employees

Part-time employees work an average of less than 38 ordinary hours per week, have reasonably predictable hours of work and receive pay and conditions equivalent to those of full-time employees who do the same kind of work, on a pro-rata basis.

The Awards says the employer must inform a part-time employee in writing at the start of their employment:

  • The number of ordinary hours that they will work each day;
  • The days of the week that they will work; and
  • Their starting and finishing times.

It is therefore not possible to engage a part-time employee on the basis that “you will work around 10 hours per week”. The exact working pattern must be specified.

Any hours worked in excess of the part-time employee’s agreed ordinary hours must be paid as overtime.

Any changes to a part-time employee’s ordinary hours must be agreed in writing.

Minimum engagement: Part-time employees cannot be engaged for less than 3 hours per shift (or per period of work in a “broken shift” – see further below).

 

Casual employees

Casual employees generally work irregular hours.

Casual loading: Casual employees are entitled to a 25% loading on the minimum hourly rate set out in the Award for each ordinary hour worked on Monday to Friday and 30% loading on the minimum hourly rate set in the Award for each ordinary hour worked on a Saturday, Sunday or public holiday.

The casual loading is not paid for any overtime worked.

The casual loading is paid instead of annual leave, personal/carer’s leave, notice of termination, redundancy benefits and other entitlements that full-time and part-time employees receive.

Minimum engagement: The minimum engagement for casual employees is at least three consecutive hours of work on each occasion they are required to attend work.

A casual employee who is classified as a Level 2,3,3A,4,4A or 5 instructor, trainer or tennis coach or as a trainee undertaking practical work involvement may be engaged for a minimum period of one hour’s work or be paid per engagement for a minimum of one hour’s work.

Casual conversion: In a small business (less than 15 employees) casual employees can request that their employment is “converted” to permanent employment if they have been employed at the business for at least 12 months and if in the last 6 months, they have worked a regular pattern of hours on an ongoing basis which they could continue performing on a permanent basis without significant adjustment. This can only be refused on “reasonable” grounds.

For businesses with 15 or more employees, casual employees must be offered conversion to permanent employment if they have been employed at the business for at least 12 months and if in the last 6 months, they have worked a regular pattern of hours on an ongoing basis which they could continue performing on a permanent basis without significant adjustment. An offer does not have to be made if there are “reasonable” grounds for not doing so, but employers must inform each casual employee of this fact in writing within 21 days of their first anniversary of employment.

See our guidance on casual conversion here.

Casual Employment Information Statement: Employers must provide casual employees with a copy of the Casual Employment Information Statement before, or as soon as possible after, the employee has started their new job. They also need to provide the employee with the Fair Work Information Statement at the same time.

The Fair Work Information Statement must be provided to all new employees (not just casuals).

 

Fitness Industry Award Summary

Ordinary hours of work and rostering arrangements

The Award contains the following rules regarding “ordinary hours of work”. Hours worked outside or in excess of these hours are generally paid as overtime (see further below).

 

Span of ordinary hours

The “span” of hours in which an employee may work their ordinary hours are:

  • Between 5.00 am to 11.00 pm Monday to Friday; and
  • Between 6.00 am to 9.00 pm Saturday and Sunday.

 

Daily limit of ordinary hours

The maximum number of ordinary hours that an employee can work on any one day is 10.

 

Weekly limit of ordinary hours

The maximum number of weekly ordinary hours that can be worked (exclusive of meal breaks) is an average of 38 hours per week. Hours can be averaged as follows:

  • 38 hours within a work cycle of one week;
  • 76 hours within a work cycle of 2 weeks;
  • 114 hours within a work cycle of 3 weeks; or
  • 152 hours within a work cycle of 4 weeks.

Employers must provide employees with their rostered hours, or any changes to their rostered hours, at least 7 days prior, except in the case of an emergency.

This is subject to the rules for part-time employees which state that their hours cannot be varied without written agreement.

 

Broken shifts

A broken shift is a shift broken into two parts, separated by unpaid breaks other than a meal break, such as where an employee performs some work in the morning, goes home and then returns to work later in the day.

An employee can be rostered to work a broken shift on any one day provided that:

  • The shift is not broken into more than 2 parts;
  • The total length of the shift is not less than 3 hours, exclusive of meal breaks; and
  • The span of hours from the start of the first part of the shift to the end of the second part of the shift is not more than 12 hours.

 

Rostered days off (RDO)

The employer and the majority of employees at an enterprise may agree to establish an RDO system (for example, where an employee works 3 weeks of 40 hours but is paid for 38 hours with 2 hours per week accumulating to a paid day off at the end of the 4th week).

 

Make-up time

The Award states that an employee may elect, with the consent of the employer, to work make-up time under which the employee takes time off during ordinary hours and works those hours at a later time, during the spread of ordinary hours provided in this award. An employer must record make-up time arrangements in the time and wages record.

 

Penalty rates

Employees are entitled to higher rates of pay when they work ordinary hours on Saturdays, Sundays and public holidays as follows:

A full-time or part-time employee must be paid at the following rates for all ordinary hours worked:

  • (a) Saturday—125% of the minimum hourly rate;
  • Sunday—150% of the minimum hourly rate; and
  • Public holiday – 250% of the minimum hourly rate.

Casuals are entitled to 30% loading on the minimum hourly rate set in the Award for each ordinary hour worked on a Saturday, Sunday or public holiday.

A summary of the rates payable can be found in the FWO’s pay guide.

Please also see the section on “Public Holidays” below for further rules on public holiday work.

Overtime

Overtime is paid for all time worked by any employee:

  • outside the spread of hours set our above (5.00 am to 11.00 pm Monday to Friday; 6.00 am to 9.00 pm Saturday and Sunday)
  • in excess of an average of 38 hours per week over a period of 4 weeks; or
  • in excess of 10 hours on any day.

Part-time employees are also paid overtime rates for all time worked in excess of their agreed pattern of hours

 

Overtime rates

Where an employee works overtime the employer must pay the employee overtime rates as follows:

  • Monday to Saturday—150% of the minimum hourly rate for the first 2 hours and 200% of the minimum hourly rate after 2 hours; and
  • Sunday—200% of the minimum hourly rate.
  • Public holiday— see “Public Holiday” section below.

Casual employees do not receive a casual loading on top of these rates, i.e. they are paid the same rates as full-time and part-time employees.

An overtime meal allowance is also payable where an employee is required to work overtime for more than one and a half hours immediately after their ordinary hours of work.

A summary of the rates payable can be found in the FWO’s pay guide.

 

Break between shifts

An employee is entitled to a minimum 10 hour break between shifts. An employee required by the employer to resume work without having a break of at least 10 consecutive hours between shifts (including overtime worked on either shift), must be paid at the rate of 200% of the minimum hourly rate for all time worked until they have had a break from work of at least 10 hours.

However, an employee is not entitled to be paid at the rate of 200% in accordance with clause if they have worked 3 consecutive hours or less prior to the commencement of a break between shifts.

 

Time off instead of payment for overtime

The Award allows for a time off in lieu (“TOIL”) arrangement instead of an employee being paid for overtime, subject to the following rules:

  • An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.
  • Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate written agreement.
  • The agreement must state each of the following:
    • the number of overtime hours to which it applies and when those hours were worked;
    • that the employer and employee agree that the employee may take time off instead of being paid for the overtime;
    • that, if the employee requests at any time, the employer must pay the employee, for overtime covered by the agreement but not taken as time off, at the overtime rate applicable to the overtime when worked;
    • that any payment mentioned in (iii) above, must be made in the next pay period following the request.
  • The period of time off that an employee is entitled to take is the same as the number of overtime hours worked. For example, an employee who worked 2 overtime hours is entitled to 2 hours’ time off.
  • Time off must be taken:
    • within the period of 6 months after the overtime is worked; and
    • at a time or times within that period of 6 months agreed by the employee and employer.
  • If the employee requests at any time, to be paid for overtime the employer must pay the employee for the overtime in the next pay period following the request, at the overtime rate applicable to the overtime when worked.
  • If time off for overtime that has been worked is not taken within the period of 6 months, the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.
  • If, on the termination of the employee’s employment, time off for overtime worked by the employee has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

 

Fitness Industry Award Summary

Breaks

Unpaid meal breaks

Employees must be provided with an unpaid meal break between 30 minutes and 60 minutes no later than 5 hours after the commencement of their shift. Employees must be provided with a second unpaid meal break if they work 5 hours after their first meal break.

 

Paid rest breaks

Employees must be provided with a paid 10 minute break before and after their meal break. Casual employees that work 3 hours or less are not entitled to a paid rest break.

 

Working through breaks

Employees required to work through a meal break must be paid 200% of the minimum hourly rate for all time that they work until a meal break is provided.

 

Payment of wages

Employees must be paid either weekly or fortnightly, and can only be paid monthly where this is agreed with employees.

 

Minimum Rates of Pay

A summary of the minimum rates of pay can be found in the FWO’s pay guide. These rates generally increase on 1 July each year.

 

Higher duties

An employee appointed by the employer to perform the work of a classification higher than the employee’s usual classification must be paid at least the rate applicable to the higher classification for the hours worked at the higher level.

 

Allowances

The Award entitles employees to the allowances set out below. A summary of the amount of the allowances is contained in Schedule C to the Award. These generally increase on 1 July each year.

 

(a) Leading hands and supervisors allowance

An employee at classification Level 4A or below in charge of the following number of employees must be paid an allowance calculated on the number of employees they supervise.

 

(b) Broken shift allowance

An employee working a rostered broken shift must be paid a daily allowance and a daily excess fares and expense-related allowance.

 

(c) First aid allowance

An employee who is rostered by an employer to be on first aid duty at a particular time must be paid an extra allowance per day.

 

(d) Meal allowance

An employee required to work overtime for more than one and a half hours immediately after their ordinary hours of work must be paid a meal allowance unless the employer provides a meal for the employee.

 

(a) Leading hands and supervisors allowance

An employee at classification Level 4A or below in charge of the following number of employees must be paid an allowance calculated on the number of employees they supervise.

 

(b) Vehicle allowance

An employee who, by agreement with their employer, uses their own motor vehicle in the performance of duties must be paid a per kilometre allowance.

 

(c) Uniforms and protective clothing

An employee who is required to wear specific clothing as part of their employment must be reimbursed for the reasonable cost of:

  • purchasing the clothing; and
  • laundering or dry cleaning the clothing,

unless the clothing is provided by the employer without cost to the employee or is cleaned by the employer.

Where the clothing is provided by the employer it will remain the property of the employer.

 

(d) Travelling time and fares

An employee who is required by the employer to travel from one place of work to another must be reimbursed by the employer all fares necessarily incurred by the employee.

All time occupied in such travel is deemed to be working time and the employee must be paid at the appropriate rate (ie travel on Saturday paid at Saturday rate, etc).

 

(e) Sleepover allowance

Sleepover means a continuous period of 8 hours during which an employee is required to sleep at the workplace and be available to deal with any urgent situation which cannot be dealt with by another employee or be dealt with after the end of the sleepover period.

The employer must take all reasonable steps to enable the employee to sleep at the workplace including the provision of a bed with privacy. Access to a bathroom, toilet and a meal room must also be provided free of charge to the employee.

An employee can only be required to sleep over if:

  • There is agreement between the employee and the employer with at least one week’s notice in advance, except in the case of an emergency; and
  • The sleepover consists of 8 continuous hours.

The sleepover allowance is equivalent to 3 hours’ payment at the employee’s ordinary rate of pay. Such payment is compensation for the sleepover and for all necessary work of up to 2 hours’ duration during the sleepover period. Any necessary work in excess of 2 hours during the sleepover period must be compensated at overtime rates in addition to the sleepover allowance.

An employee on a sleepover must not be required to work more than 8 hours before, and/or more than 8 hours after, a sleepover, unless provision has been made at a workplace to work longer hours for the purpose of providing more continuous leisure time within the roster and this arrangement has the genuine agreement of the employees affected and does not adversely affect the health and safety of the employee(s) involved.

 

Leave and public holidays

Annual leave

Annual leave is provided for in the National Employment Standards, i.e. permanent employees get four weeks annual leave.

 

Annual leave loading

Employees are entitled to be paid an annual leave loading whenever they take annual leave of the greater of 17.5% of their minimum rate of pay.

 

Annual leave in advance

The Award provides for employees and employers to agree for annual leave to be taken in advance of it accruing and any annual leave owing to be deducted from an employee’s termination pay.

 

Close-down

The Award allows for an employer to require an employee to take annual leave as a part of a close-down of its operations (e.g. a Christmas closedown), by giving at least one months’ notice.

The Award states that employers can require employees who have insufficient accrued annual leave to take leave without pay, although the lawfulness of this provision has recently been called into question. See further guidance here.

 

Excessive leave accruals

The Award permits employers to require employees with excessive annual leave accruals to take annual leave as directed. However, this is subject to strict rules including:

  • The employer can only require an employee to take annual leave where the employee has accrued more than 8 weeks paid annual leave.
  • The employee cannot be required to take leave where it would mean they would have less than 6 weeks annual leave left.
  • The employer must not require the employee to take any period of paid annual leave of less than one week.
  • The employer must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given.

 

Cashing out of annual leave

Cashing out of annual leave is permitted by the Award so long as the rules in the Award are adhered to including:

  • There is a written agreement between the employer and employee;
  • The agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.
  • The maximum amount of annual leave that can be cashed out in a 12 month period is 2 weeks.

 

Personal/carers leave and compassionate leave

Personal/carer’s and compassionate leave is provided for in the National Employment Standards.

 

Parental leave, community service leave, family and domestic violence leave

All such leave is provided for in the National Employment Standards.

 

Long service leave

Long service leave (including for casual employees) is provided for in relevant State-based legislation.

 

Public holidays

Public holiday entitlements are provided for in the National Employment Standards, i.e. that employees who would ordinarily work on a public holiday are entitled to be paid at their base rate of pay when absent (this entitlement does not apply to casual employees).

An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the National Employment Standards.

Where a full-time or part-time employee is required to work on a public holiday or a substituted day they must be paid at 250% of the minimum hourly rate. The minimum engagement on a public is 4 hours’ work.

As mentioned above, casual employees who work on a public holiday must be paid the minimum hourly rate set by the award, plus a 30% loading.

 

Consultation and dispute resolution

The Award provides that employers must consult employees about major changes in the workplace and changes to rosters or hours of work.

There are also provisions about resolving disputes concerning the Award, including the ability to apply to the Fair Work Commission for assistance.

 

Notice of termination

The Award states that employers must give notice in accordance with the National Employment Standards, when terminating the employment of permanent employees i.e.:

Employee’s period of continuous service with the
employer at the end of the day the notice is given

Period of notice

Not more than 1 year

1 week

More than 1 year but not more than 3 years

2 weeks

More than 3 years but not more than 5 years

3 weeks

More than 5 years

4 weeks

An additional one weeks’ notice must be given where the employee has at least two years continuous service and is at least 45 years of age.

The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.

 

Employees who do not give sufficient notice

If an employee who is at least 18 years old does not give the period of notice required under the Award, then the employer may deduct from wages due to the employee under this Award an amount that is no more than one week’s pay for the employee, so long as this is reasonable. The Award does not specifically state that deductions can be taken from entitlements such as unpaid annual leave, so we would advise against doing so.

 

Job search entitlement

Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay up to one day for the purpose of seeking other employment.

 

Redundancy

Redundancy pay is provided for in the National Employment Standards, i.e. where the employer has 15 or more employees, permanent employees are entitled to the following amount of redundancy pay:

Period of continuous service

Redundancy pay

At least 1 year but less than 2 years 4 weeks
At least 2 years but less than 3 years 6 weeks
At least 3 years but less than 4 years 7 weeks
At least 4 years but less than 5 years 8 weeks
At least 5 years but less than 6 years 10 weeks
At least 6 years but less than 7 years 11 weeks
At least 7 years but less than 8 years 13 weeks
At least 8 years but less than 9 years 14 weeks
At least 9 years but less than 10 years 16 weeks
At least 10 years 12 weeks

 

The Award also contains provisions regarding:

  • Transferring employees to lower paid duties when being made redundant;
  • Giving employees the rights to end their employment period early if being made redundant;
  • Having paid time off to look for a new job.

 

Classification definitions

There are seven employee classification levels within the Award. These dictate the minimum wage pay to the employee. Minimum wages are stated in clause 15 of the Award. There are reduced rates for employees 19 years or younger.

Classifications referring to tennis coaches and instructors were added to the Award recently, when the Award was redrafted in 2020 and are in bold below.

The seven levels are described as follows:

 

Level 1

An employee at this level works under direct supervision with specific instructions and procedures and after appropriate in-house training. Duties may include any or all of the following:

  • general counter duties including reception, taking bookings, members and membership enquiries, sale of products, activities organising and customer liaison;
  • general tidying/cleaning of immediate work area;
  • undertaking structured training/learning in the following areas:
    1. clerical assistant duties including switchboard operation, reception, information services, taking bookings;
    2. providing general assistance to employees of a higher grade, not including cooking or direct service to customers;
    3. cleaning, tidying and setting up of kitchen, food preparation and customer service areas, including cleaning of equipment, crockery and general utensils;
    4. assembly and preparation of ingredients for cooking;
    5. handling pantry items and linen;
    6. setting and/or wiping down tables, removing food plates, emptying ashtrays and picking up glasses;
    7. general cleaning, gardening and labouring tasks;
    8. door duties, attending a cloakroom or car park not involving the handling of cash;
    9. providing general assistance to tennis coaches in the delivery of tennis coaching or classes; and
    10. swimming and water safety teaching. To avoid doubt, an employee is classified at Level 2 or above if their duties include being responsible for the provision of any part of swimming and water safety teaching without being directly supervised as part of structured training/learning.

 

Level 2

An employee at this level has:

  • completed 456 hours training at Level 1 so as to enable the employee to perform work within the scope of this level;
  • a swim and water safety teacher or coach qualification;
  • duties which include being responsible for the provision of any part of swimming and water safety teaching without being directly supervised as part of structured training/learning; or
  • holds a Gymnastics Australia Coach Accreditation.

An employee at this level:

  • performs work above and beyond the skills of an employee at Level 1 and to the level of their training; and
  • works from instructions or procedures and under direct supervision either individually or in a team environment, and is primarily engaged in one or more of the following duties:
    1. assisting with classes and directing activities in a centre;
    2. attending to equipment and displays,e.g. pool attendant, pool plant operating, including basic pool plant duties (e.g. water quality testing) unless this work is performed by an employee at a higher classification level;
    3. providing customer advice, sales and services;
    4. operating a switchboard and/or telephone paging system;
    5. clerical duties, involving intermediate keyboard skills with instructions;
    6. program/ticket selling and general sales involving receipt of monies and giving change, including operation of cash registers, use of electronic swipe input devices;
    7. laundry and/or cleaning duties involving the use of cleaning equipment and/or chemicals;
    8. maintaining general presentation of grounds;
    9. door duties, attending a cloak room or car park;
    10. serving from a snack bar, buffet or meal counter;
    11. supplying, dispensing or mixing of liquor, including cleaning of bar area and equipment, preparing the bar for service, taking orders and serving drinks;
    12. non-cook duties in a kitchen;
    13. beginner swimming and water safety teacher ,being a person who provides any part of swimming and water safety teaching without being directly supervised as part of structured training/learning or the holder of any current qualification with the following competencies:
              • SISCAQU002 Perform basic water rescues
              • SISCAQU008 Instruct water familiarisation, buoyancy and mobility skills
              • SISCAQU009 Instruct water safety and survival skills
              • SISCAQU010 Instruct swimming strokes

      These competencies reflect the Australian Skills Quality Authority’s (ASQA) approved skill set for a Swimming and Water Safety Teacher. Any amendments to these competencies made by ASQA will apply for the purposes of interpreting this award.

    14. a coach of beginner swimmers (including mini and junior squads), being a holder of a current recognised “Junior Coach and Assistant Coach” swimming coaching qualification or equivalent;
    15. coaching beginner tennis or providing general assistance to tennis coaches in the delivery of tennis coaching or classes, having completed an introductory coaching course or equivalent; or
    16. coaching gymnastics, being a holder of a current Gymnastics Australia Coach Accreditation or equivalent.

 

Level 3

An employee at this level works under general supervision which requires operation within defined areas of responsibility with adherence to established guidelines and procedures and who is employed to carry out work associated with the centre’s operations or holds a Gymnastics Australia Coach Accreditation.

An employee at this level is able to fulfil a role at Level 1 and 2 where relevant and supervises Level 1 and 2 employees where requested.

An employee at this level may also be:

  • a swimming and water safety teacher being a holder of any current qualification with the relevant Industry Competencies, who has:
    1. performed 12 hours per year of recognised workshops and 250 hours of paid swimming and safety teaching under this award and who holds a second recognised instructing qualification; or
    2. delivered 350 hours of paid swimming and water safety teaching under this award; or
  • a coach of beginner swimmers (including mini and junior squads), being a holder of current recognised “Bronze Licence for Coaching” swimming coaching qualification or equivalent; or
  • a pool lifeguard who has been appointed to the position of pool lifeguard by the employer and has completed a nationally-recognised Lifeguarding qualification; or
  • a holder of a current Gymnastics Australia Coach Accreditation or equivalent who has participated in 12 hours per year of recognised professional development and performed 1500 hours of coaching.

 

Level 3A

An employee at this level performs the duties of a Level 3 and who:

  • holds a:
    1. Fitness Industry or Sport Coaching (specialising in tennis) AQF Certificate Level III qualification relevant to the classification in which they are employed or equivalent; or
    2. in respect to gymnastics coaches, holds a current Gymnastics Coach Accreditation and Sport Coaching AQF Certificate Level III; and
  • utilises the skills and knowledge derived from the Sport Coaching (specialising in tennis) or relevant AQF Certificate Level III competencies relevant to the work undertaken at this level.

 

Level 4

An employee at this level works under limited supervision and guidance and is required to exercise initiative and judgment in the performance of their duties and who is employed to carry out work associated with the centre’s operations or holds a Gymnastics Australia Coach Accreditation.

An employee at this level receives broad instructions and their work is checked intermittently.

An employee at this level may also be:

  • a swimming and water safety teacher, being a holder of any current qualification with the Industry Competencies:
    1. performed 12 hours per year of recognised workshops and 500 hours of paid swimming and water safety teaching under this award and who holds a third recognised teaching qualification, or
    2. delivered 700 hours of paid swimming and water safety teaching under this award, or
  • a coach of beginner swimmers (including mini and junior squads), being a holder of a current recognised “Bronze Licence for Coaching” swimming coaching qualification or equivalent, who has:
    1. performed 12 hours per year of recognised workshops and 500 hours of coaching beginners and attended a recognised seminar/conference within the past 12 months; or
    2. delivered 700 hours of coaching to beginner swimmers.
  • a senior pool lifeguard, being a holder of industry-recognised pool lifeguard qualifications as detailed in clause A.3.3(c) of the Award and who has been appointed by the employer to lead a team comprised of qualified pool lifeguards, and/or persons undertaking a nationally-recognised course of lifeguarding to become pool lifeguards; or
  • a gymnastics coach being the holder of a current Gymnastics Australia Coach Accreditation, who has participated in 12 hours per year of recognised professional development and 3,000 hours of coaching gymnastics.

 

Level 4A

An employee at this level performs the duties of a Level 4:

  • holds a:
    1. Fitness Industry or Sport Coaching (specialising in tennis) AQF Certificate Level IV qualification relevant to the classification in which they are employed or equivalent; or
    2. in respect of gymnastics coaches, holds a current Gymnastics Australia Coach Accreditation and Sport Coaching AQF Certificate Level IV; and
  • utilises the skills and knowledge derived from the Sport Coaching (specialising in tennis) or relevant AQF Certificate Level IV competencies relevant to the work undertaken at this level;
  • is employed to carry out work associated with the classification of tennis centre Club Professional.

 

Level 5

An employee at this level:

  • holds a Fitness Industry or Management (specialising in tennis) or Sport Coaching AQF Diploma level or equivalent;
  • utilises the skills and knowledge derived from the Fitness Industry or Management (specialising in tennis) or Sporting Coaching AQF Diploma level relevant to the work undertaken at this level;
  • is employed to carry out work associated with the classification of Fitness Trainer, Fitness Specialist, tennis centre Master Club Professional or tennis centre High Performance Coach; and
  • has demonstrated an ability to train or develop programs for special groups.

An employee at this level exercises high levels of initiative and judgment with broad instruction in the performance of their duties. An employee at this level would be able to supervise Level 4 employees where requested.

 

Level 6

An employee at this level has duties which include but are not limited to:

  • supervision of front desk, including customer liaison and rostering of front office staff;
  • supervision, training and co-ordination (including rostering) of employees within their respective work area to ensure delivery of service;
  • those of a trade qualified person in a single trade stream and the giving of trade directions to Level 1 to 5 employees;
  • supervision of floor staff; or
  • overseeing the day to day activities and operations of the business.

 

Level 7

An employee at this level is engaged in supervising, training and coordinating employees, is responsible for the maintenance of service and operational standards and exercises substantial responsibility and independent initiative and judgment with a requisite knowledge of their specific field and of the employer’s business.

An employee at this level has:

  • worked or studied in a relevant field and/or has specialist knowledge, qualifications and experience;
  • formal trade or technical qualifications relevant to the employer in more than one trade or technical field, which are required by the employer to perform the job;or
  • specialist post-trade qualifications which are required by the employer to perform the job and organisation or industry specific knowledge sufficient for them to give advice and/or guidance to their organisation and/or clients in relation to specific areas of their responsibility.

 Indicative duties at this level are:

  • general supervision of catering or retail functions;
  • centre administration involving supervision of staff and systems and co-ordinating events; or
  • development of in-house training programs for instructors and co-ordinators.
Fitness Industry Award Summary

FAQs

What are the regulations regarding rest breaks for fitness employees?

Employees are generally entitled to rest breaks, including short breaks during work hours. The specifics may vary based on the length of the shift, and employers should be aware of and adhere to these requirements.

Are casual employees entitled to the same benefits as full-time employees in the fitness industry?

Casual employees typically don’t receive the same benefits as full-time employees, such as paid leave. However, they are entitled to a casual loading to compensate for the lack of benefits. Employers need to ensure compliance with award provisions.

How can fitness employers ensure compliance with health and safety regulations?

Employers should implement and regularly review health and safety policies, conduct risk assessments, provide adequate training, and maintain a safe working environment. Compliance with Work Health and Safety laws is essential.

How often should fitness industry employers review and update employment contracts?

Employment contracts should be regularly reviewed and updated to ensure compliance with current laws and regulations. Changes in awards, minimum wage rates, or other legal requirements may necessitate updates.

How HR Connect can help

If you require assistance with dealing with disciplinary issues concerning staff, HR Connect can help. Our HR Advisors will be able to guide you through each step of the disciplinary process and we have template documents (e.g. direction to attend a disciplinary meeting, written warning, letter of termination, etc) available as part of our subscription packages.

 

About HR Connect

HR Connect is one of Australia’s leading providers of HR & workplace safety advice services, designed to help small business owners make confident and compliant business decisions.  

Disclaimer

The information provided in these knowledge base articles is general in nature and is not intended to substitute for professional advice. If you are unsure about how this information applies to your specific situation we recommend you contact HR Connect for advice. The information in this summary is correct as of August 2021.   This knowledge base article will change over time, as Modern Award legislation relating to this Industry or Occupation is passed by the Fair Work Commission. Originally published on 21 September 2021 and last updated on 18 February 2022.

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