If you work in sport in Australia, you are probably covered by the Sporting Organisations Award 2010, unless of course your workplace has an enterprise agreement in place or you fall into a narrow number of exemptions. The exemptions are generally for senior management, state government employees and those in the racing industry. For the rest of the industry, the Award sets out the minimum terms of your employment.
In addition to the standard provisions on wages and overtime, the Award also covers:
- Requests for flexible hours
- Consultation processes for major workplace change
- Dispute resolution processes
- Leave provisions for coaches
- Cashing out leave
- Time off instead of payment for overtime
Like all Modern Awards, the terms change in each year. For example, the minimum wage may increase and new terms may be included such as the family and domestic violence leave clause added last year. It is worth staying on top of the benefits you are entitled to each year.
If you are not receiving the minimum terms set out in the Award, your employer may be in breach of the Fair Work Act 2009 (Cth). However, where your employer has prepared and had you sign an appropriate Award Flexibility Agreement, they may have covered this off. An Award Flexibility Agreement is an agreement where you agree not to receive certain benefits under the Award in return for other benefits such as increased pay. The important thing to remember before signing an Award Flexibility Agreement is that you should be better off over all.
If you are an employer in the sporting industry in Australia, you should:
- ensure your staff receive the benefits set out under the Award or that an Award Flexibility Agreement is in place;
- stay up to date on changes to the Sporting Organisations Award 2010; and
- consider whether an Enterprise Agreement is appropriate for your workplace.
If you would like to know more about modern awards or employment law generally, please contact us here.