Let’s set the record straight on making fitness professional registration a condition of employment
A reminder about what you legally can and can't do.
Some months ago, FITREC published an open letter to the Fitness Industry stating that according to the Fair Work Act 2009 (Cth) (FW Act), it’s illegal for an employer to make fitness registration a condition of employment.
This statement is incorrect and misleading.
So to ensure you, our members, are correctly informed and operating within the law, we’re reminding you of the list of things that you can do legally, and what you can’t do.
Here’s the deal, straight from our HR legal advisors.
What can you legally do?
As an employer in the industry, you can choose to make fitness professional registration a condition of employment or engagement with your business, and this is how:
Specify in job advertisements for employees / contractors delivering exercise services that a requirement is that they are registered with Fitness Australia as an AusREP.
Specify the requirement that an employee / contractor maintains their registration as an AusREP.
As a Fitness Australia Member you can access the wording for a proposed job advertisement and employment contracts in your dashboard.
What can’t you do?
Requiring fitness professional registration for your team can only be made a condition of employment for new employees of a business, or as a contractual requirement for new contractors.
If you have existing employees or contractors that have not been employed or engaged in this manner, then implementation of such a requirement would need agreement from the individual – whilst you can encourage existing employees and contractors to gain fitness professional registration, you should not unilaterally impose the requirement.
Fitness Australia is an Industry Association, not an industrial association, which makes what we’ve said above right.
The Fair Work Act contains a general prohibition on an employer or business requiring an employee / contractor to be a member of, or pay a fee to, an “industrial association” as defined in the Fair Work Act.
To be clear, Fitness Australia is not an “industrial association” as defined in the Fair Work Act. Fitness Australia is an “industry association” in the most comprehensive sense.
The difference is that Fitness Australia is not established to promote the interests of employers, nor are we established to promote the interests of employees and independent contractors. We are an association that represents the needs and promotes the interests of the entire industry - employers, businesses, independent contractors, employees and suppliers alike.
Now, here’s why we strongly believe that it’s best for your business to employ Trainers and Instructors who are registered with Fitness Australia.
By engaging AusREPs, Fitness Australia assures you that they:
- Have completed a Certificate III, IV or Diploma of Fitness or Group Exercise Leader (we take the trouble to verify their qualifications and ensure current CPR & first-aid certification)
- Are aware of fitness industry standards and guidelines; and,
- Are committed to continuing education through attainment of Continuing Education Credits (CECs) (like most other reputable professions) to enhance their skills and knowledge.
All AusREPs are listed on the official Australian Register of Exercise Professionals (which forms part of the International Confederation of Registers for Exercise Professionals (iCREPS), where you can see the credentials of your existing or prospective employees and contractors.
Why should your business support professional registration?
The main reason that the Professional Registration System exists is to protect the Consumer, and in doing so, your business.
The registration system does this is by making sure that only professionals who have the skills and qualifications to deliver safe and effective exercise services to the Australian community are registered to practice.
For the ongoing good reputation of the fitness industry and your business, it is important that together we support the Professional Registration System. As a business and employer, you have the ability and a responsibility to ensure that professionals who are employed or contracted are an AusREP with Fitness Australia. We believe this to be industry best-practice.
Learn more about how your business will benefit by supporting the Professional Registration System.
Registration products and services
Whilst there are other businesses promoting ‘registration’, it’s important to understand what they are providing and offering.
If they do not verify qualifications, produce industry standards or guidelines or do not have any quality control systems in place over continuing education credentials, then essentially they are an online profile or directory listing advertisement – nothing more.
Need further help?
If you need more clarification or support on this matter, call our HR Advisory Service on 1300 211 311 (free to our business members) where HR experts can assist.
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