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Fair Work Ombudsman steps in to stop Canberra gym underpaying personal trainer

Fair Work Ombudsman steps in to stop Canberra gym underpaying personal trainer
August 8, 2016

A qualified personal trainer in Canberra who questioned his pay packet has been back-paid $9,800 and helped to ensure his workmates are now paid correctly.

The Fair Work Ombudsman has advised that level 4 personal trainer was paid a flat rate of $21.61 an hour - the equivalent of a level 1 employee - for 19 months.

The trainer should have received a minimum of $27.45 an hour while conducting personal training sessions and fitness classes and $25.16 for general gym work, such as reception duties.

The employee also worked up to three ‘broken shifts’ a week where he had less than a 10-hour break between shifts and should have been paid $49.41 an hour.

He sought assistance from the Fair Work Ombudsman after unsuccessfully trying several times to resolve the matter directly with his employer.

After discussions with the Fair Work Ombudsman, the employer accepted responsibility for misclassifying and underpaying the employee.

The business acted co-operatively and willingly accepted workplace advice from Fair Work officers. It back-paid the employee $9,800 and corrected the pay rates of all other employees.

Fair Work Ombudsman Natalie James says employers need to ensure they understand the wage rates relative to the qualifications and classifications of their employees.

James explains “we have minimum pay rates in Australia, they apply to everyone, and they are not negotiable.”

She says it is important that businesses know that they can contact the Fair Work Ombudsman for advice and assistance if they are unsure of their obligations.

Employees and employers can also use the Fair Work Ombudsman’s free online tools and resources to check entitlements specific to their workplace.

James added “when we find errors, our preference is to educate employers about their obligations and assist them to put processes in place to ensure the mistakes are not repeated.”

The Agency’s Pay and Conditions Tool (PACT) provides advice about pay, shift, leave and redundancy entitlements.

It can be viewed at www.calculate.fairwork.gov.au

Employers with any uncertainty about their workplace practices should call the Fair Work Infoline on13 13 94 or visit the Fair Work Ombudsman’s website www.fairwork.gov.au

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20th December 2015 - FAIR WORK OMBUDSMAN ORDERS LAUNCESTON FITNESS CLUB OWNER TO COMPENSATE INSTRUCTOR

19th October 2015 - FORMER CLEANEVENT EXECUTIVE ADMITS AUSTRALIAN WORKERS UNION DEAL SAVED $1.5 MILLION

24th September 2015 - ARRESTED ADELAIDE GYM MANAGER HAS UNFAIR DISMISSAL CASE DISMISSED

26th November 2012 - FAIR WORK AUSTRALIA MAKES CHANGES TO FITNESS INDUSTRY AWARD

21st November 2012 - ABS RECORDS MORE THAN 50% EMPLOYMENT GROWTH FOR FITNESS INSTRUCTORS, MANAGERS AND OUTDOOR ADVENTURE

9th March 2012 - GROWING DEMANDS FOR PERSONAL TRAINERS 

12th April 2011 - FAIR WORK OMBUDSMAN FOCUSES ON QUEENSLAND FITNESS

6th December 2010 - SPORT, FITNESS AND AQUATIC INDUSTRY SALARIES RISE BY JUST 2.7% IN THE PAST 12 MONTHS

18th June 2010 - FITNESS AUSTRALIA TO APPEAL COPYRIGHT TRIBUNAL DECISION 

 

12th June 2008 - SKILLS SHORTAGES HIT SPORT AND RECREATION


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Asking a small favour
We hope that you value the news that we publish so while you're here can we ask for your support?

The news we publish at www.ausleisure.com.au is independent, credible (we hope) and free for you to access, with no pay walls and no annoying pop-up ads.

However, as an independent publisher, can we ask for you to support us by subscribing to the printed Australasian Leisure Management magazine - if you don't already do so.

Published bi-monthly since 1997, the printed Australasian Leisure Management differs from this website in that it publishes longer, in-depth and analytical features covering aquatics, attractions, entertainment, events, fitness, parks, recreation, sport, tourism and venues management.

Subscriptions cost just $90 a year.

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