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ARTICLE · 30 JULY 2021

Qualifications a floor, but not a ceiling, for award coverage: FCAFC

Swaab Attorneys
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This recent FCAFC decision demonstrated that fitting an employee's role into an award classification is difficult.

AustraliaEmployment and HR
Katrina Seck
Katrina Seck
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In a decision that has affirmed what those working in the industrial relations space already knew - that fitting an employee's role into an award classification is hard - a full court of the Federal Court in King v Melbourne Vicentre Swimming Club Inc [2021] FCAFC 123 has overturned a decision of Justice Wheelahan that found a swimming coach was not covered by the Fitness Industry Award 2010 (the Award).

Background

The applicant had made an underpayment claim based on penalty rates and allowances he alleged were owed to him under the Award.

The relevant classification (Level 4) sets out general requirements in relation to supervision and judgment, which were not contested. It goes on to say that to fit within the Level 4 classification an employee (as relevant to the applicant) "may also be" a coach of beginner swimmers holding a current recognised 'Bronze Licence for Coaching' qualification who has delivered the number of coaching hours specified.

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Michael Byrnes, Partner
Phone: + 61 2 9233 5544
Email: [email protected]

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