DETERMINATION

Fair Work Act 2009
s 156 - 4 yearly review of modern awards

(AM2017/52)

FITNESS INDUSTRY AWARD 2010
[MA000094]

4 yearly review of modern awards – Fitness Industry Award 2010 – substantive variations.

A. Further to the decision in [2018] FWCFB 3914, it is determined pursuant to section 156(2)(b)(i) of the Fair Work Act 2009, the Fitness Industry Award 2010 is varied as follows:

1. Delete the full stop at the end of Schedule B.1.1(c)(viii) and insert: “; and”.

2. Insert the following as a new Schedule B.1.1(c)(ix):

(ix) 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.

3. Delete Schedule B.2.1 and insert:

B.2.1 An employee at this level has:

(a) completed 456 hours training at Level 1 so as to enable the employee to perform work within the scope of this level;

(b) a swim and water safety teacher or coach qualification; or

(c) 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.

4. Insert the following words at the end of Schedule B.2.2(b)(ii): “- including basic pool plant duties (e.g. water quality testing) unless this work is performed by an employee at a higher classification level;”.

5. Delete Schedule B.2.2(b)(xiii) and insert:

(xiii) 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.

6. Delete Schedule B.2.2(b)(xiv) and insert:

(xiv) 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.

7. Amend Schedule B.3.3(a)(i) and (ii) to read:

(i) performed 12 hours per year of recognised workshops and 250 hours of paid swimming and water safety teaching under this award and who holds a second recognised instructing qualification, or

(ii) delivered 350 hours of paid swimming and water safety teaching under this award; or

8. Amend Schedule B.3.3(b) to read:

(b) 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.

9. Amend Schedule B.5.3(a)(i) and (ii) to read:

(i) 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

(ii) delivered 700 hours of paid swimming and water safety teaching under this award, or

10. Amend the first paragraph of Schedule B.5.3(b) to read:

(b) 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:

11. Insert the following as a new Schedule B.11:

B.11 Any dispute concerning the correct classification for a swimming and water safety teacher or swimming coach will be referred to the Fair Work Commission for determination.

B. The variations will take effect on and from 16 July 2018.

DEPUTY PRESIDENT

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