King v Melbourne Vicentre Swimming Club Inc

The appellant, Mr King, sought to have his employment with the Melbourne Vicentre Swimming Club Inc (the Club) found to be covered by the Fitness Industry Award 2010. The Club denied this, arguing that Mr King’s employment was covered by the Sporting Organisations Award 2010 or the Miscellaneous Award 2010. The Court of Appeal was asked to determine whether the primary judge had correctly decided the preliminary issue of whether Mr King’s employment was covered by the Fitness Industry Award 2010, and if so, whether the Level 4 classification applied to his employment. The Court of Appeal found that the primary judge was incorrect in his determination that the Fitness Industry Award 2010 did not apply to Mr King’s employment. The Court held that the specific wording of the Award did not exclude employees with higher levels of work, qualifications, and experience, and as such, Mr King’s employment was indeed covered by the Award during the relevant period. The appeal was allowed in respect of the preliminary decision, and the balance of the issues were remitted to the primary judge for trial. The Court ordered that Mr King’s employment with the Club was covered by the Fitness Industry Award 2010, and the Level 4 classification applied to the work he performed. There was to be no order as to costs.