STATEMENT

Fair Work Act 2009
s.158—Application to vary or revoke a modern award

Total Toning Fitness Pty Ltd
(AM2021/62)

Application to vary a modern award – Fitness Industry Award 2020 – span of hours when rostered to work a broken shift – clause 13.4(c).

[1] On 10 May 2021, Total Toning Fitness Pty Ltd (the Applicant) filed an application to vary the Fitness Industry Award 2020 (the Award) to increase the maximum span of hours over which an employee can be rostered to work a broken shift from 12 to 13 hours.

[2] Clause 13.4(c) of the Award states:

‘13.4 An employee may be rostered to work a broken shift on any day provided that:

…

(c) the span of hours from the start of the first part of the shift to the end of the second part of the shift is not more than 12 hours.’

[3] The Applicant contends peak industry hours are at 6.00 am and 6.00 pm and, in order for employers to offer full or part-time employment to a single trainer who can cover those hours, the maximum span of hours over which an employee can be rostered to work a broken shift should be increased from 12 to 13 hours. The Applicant submits that this would allow employees to gain more secure positions as a single trainer could work, for example, between the hours 6.00 am – 9.00 am and 4.00 pm – 7.00 pm.

[4] The Applicant submits that under the current maximum 12-hour span for broken shifts, it is required to employ two casual employees to cover peak industry hours. The Applicant contends that most applicants prefer the 13-hour day with job security over casual employment.

[5] A conference of interested parties will be convened by telephone to consider the variation sought by the Applicant at 10:00am on Friday, 4 June 2021.

[6] Any party wishing to participate in the conference should provide contact details to chambers.clancy.dp@fwc.gov.au by 4:00pm on Wednesday, 2 June 2021. Correspondence in relation to the application should be sent to amod@fwc.gov.au.

[7] All correspondence will be issued via a webpage established in relation to the application. A dedicated My award subscription service called ‘Fitness Industry Award 2020’ is used for this matter. Interested parties should subscribe to receive notifications on the subscription services page on the Commission’s website. Any questions about the subscription service can be sent to amod@fwc.gov.au.

DEPUTY PRESIDENT

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