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PAY RATES AND CONDITIONS OF EMPLOYMENT

The conditions of work and remuneration for employees in the fitness industry are outlined in the Fitness Industry Award 2010, as prepared by Fair Work Commission Australia.

The award lists three types of employment:

  1. Full-time employment
    A full-time employee is an employee who is engaged to work an average of 38 hours per week.
  2. Part-time employment
    1. A part-time employee is an employee who:
      (a) works less than the full-time hours of 38 hours per week;
      (b) has reasonably predictable hours of work; and
      (c) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.
    2. At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work, specifying at least the hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day.
    3. Any agreed variation to the hours of work will be recorded in writing.
    4. An employer is required to roster a part-time employee for a minimum of three consecutive hours on a shift or a minimum of three hours, exclusive of meal breaks, on a broken shift.
    5. An employee who does not meet the definition of a part-time employee and who is not a full-time employee will be paid as a casual employee in accordance with clause 13-Casual employment.
    6. All time worked in excess of the hours as agreed under clause 12.2 or varied under clause 12.3 will be overtime and paid for at the rates prescribed in clause 26-Overtime and penalty rates.
    7. A part-time employee employed under the provisions of this clause must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed in clause 17-Minimum wages for the work performed.
  1. Casual employment [Varied by PR531302]
    1. A casual employee is an employee engaged and paid as such.
    2. A casual employee for working ordinary hours on Monday to Friday must be paid per hour at the rate of 1/38th of the minimum weekly rate prescribed in clause 17—Minimum wages for the work being performed plus a casual loading of 25%.
    3. A casual employee for working ordinary hours on a Saturday, Sunday or public holiday must be paid per hour at the rate of 1/38th of the minimum weekly rate prescribed in clause 17—Minimum wages for the work being performed plus a casual loading of 30%.
    4. Subject to clauses 13.5 and 26.3(c), a casual employee must be engaged for a minimum period of three hours’ work at the appropriate rate or be paid per engagement for a minimum of three hours at the appropriate rate. [13.5 varied by PR531302 from 16Nov12]
    5. Notwithstanding clause 13.4 and subject to clause 26.3(c), a casual employee who is classified as a Level 2, 3, 3A, 4 or 4A instructor or trainer or as a student undertaking practical work involvement may be engaged for a minimum period of one hour’s work at the appropriate rate or be paid per engagement for a minimum of one hour’s work at the appropriate rate.
QUESTIONS ABOUT THE FITNESS INDUSTRY AWARD?

If you have any further questions regarding the Fitness Industry Award, please contact the Fair Work Commission on 1300 799 675
or visit the Fair Work Commission website.