King v Melbourne Vicentre Swimming Club Inc [2020] FCA 1173

King v Melbourne Vicentre Swimming Club Inc [2020] FCA 1173

The applicant's employment was not covered by the Fitness Industry Award 2010 during the claim period because, although he satisfied the general supervision, initiative and judgment elements of level 4, swimming coaches had to satisfy the specific requirements in clause B.5.3. The applicant was not a coach of beginner swimmers and did not hold a current ASCTA Bronze Licence for Coaching or equivalent; his Bronze Licence had been superseded by his Silver Licence. The MVC Junior Squad was not a beginner squad within the Award, and levels 4A and 5 were not engaged because the applicant did not perform level 4 duties for award purposes and did not hold, or have an equivalent to, the relevant...

Jurisdiction
Australia
Judgment Date
18 August 2020
Procedural Posture
Industrial Law Proceeding Alleging Contraventions of the Fair Work Act 2009 (cth), Including Underpayment Claims Predicated on Award Coverage / Separate Preliminary Issue as to Whether the Applicant's Employment Was Covered by the Fitness Industry Award 2010, Sporting Organisations Award 2010 or Miscellaneous Award 2010
Outcome
The Court found that the applicant's employment was not covered by the Fitness Industry Award 2010 during the claim period and made a declaration in the terms sought by the respondents.
Legal Topics
['modern Award Coverage' 'award Construction' 'fitness Industry Award 2010' 'swimming Coach Classification' 'fair Work Act Civil Remedy Provisions']
['industrial Law' 'employment Law'] ['modern Award Coverage' 'award Construction' 'fitness Industry Award 2010' 'swimming Coach Classification' 'fair Work Act Civil Remedy Provisions']

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Procedural Posture

Industrial Law Proceeding Alleging Contraventions of the Fair Work Act 2009 (cth), Including Underpayment Claims Predicated on Award Coverage / Separate Preliminary Issue as to Whether the Applicant's Employment Was Covered by the Fitness Industry Award 2010, Sporting Organisations Award 2010 or Miscellaneous Award 2010

Legal Issues

  1. 1 ["Whether the applicant's employment with Melbourne Vicentre Swimming Club Inc between 29 May 2012 and 28 May 2018 was covered by the Fitness Industry Award 2010." "If the Fitness Industry Award 2010 applied, which classification level covered the applicant's employment." 'Whether the applicant fell within classification level 4 as a coach of beginner swimmers holding a current ASCTA Bronze Licence for Coaching or equivalent.' 'Whether the applicant fell within classification level 4A or level 5 by reason of his Silver Licence or duties.' 'Whether the applicant was covered by classification level 4 during the 2017-2018 season when he coached the MVC Junior Squad.']

Ratio Decidendi

The applicant's employment was not covered by the Fitness Industry Award 2010 during the claim period because, although he satisfied the general supervision, initiative and judgment elements of level 4, swimming coaches had to satisfy the specific requirements in clause B.5.3. The applicant was not a coach of beginner swimmers and did not hold a current ASCTA Bronze Licence for Coaching or equivalent; his Bronze Licence had been superseded by his Silver Licence. The MVC Junior Squad was not a beginner squad within the Award, and levels 4A and 5 were not engaged because the applicant did not perform level 4 duties for award purposes and did not hold, or have an equivalent to, the relevant...

Court Disposition

The Court found that the applicant's employment was not covered by the Fitness Industry Award 2010 during the claim period and made a declaration in the terms sought by the respondents.

Orders

  • ["Between 29 May 2012 and 28 May 2018, the applicant's employment with the first respondent was not covered by the Fitness Industry Award 2010, the Sporting Organisations Award 2010, or the Miscellaneous Award 2010."]