Award Rates

Award Rates for Instructors

As the governing body for the sport in Australia one of our roles is to assist Clubs engaging sailing instructors that deliver Australian Sailing training and participation programs (Discover Sailing) to comply with their legal obligations to such instructors.

Over the years, we have received a number of queries on this matter from Clubs and in order to clarify the nature and extent of such obligations, we have previously obtained advice from M+K Lawyers, the terms of which are summarised below.

The employment requirements in all States and Territories had to be reviewed so this advice has taken some time to develop.

The advice is provided to Clubs by way of assistance and guidance only and is not intended to and should not be relied upon by any Club as legal advice for their individual circumstances.

Clubs are encouraged to review their own arrangements in light of this advice and/or have their particular circumstances reviewed by their own independent legal advisers.

1. Registered & Licensed Clubs (RLC) Award

The RLC Award would apply to sailing instructors employed by those Clubs that are registered and licensed under the provisions of relevant State or Commonwealth legislation and which are established and operate on a not-forprofit basis for the benefit of members and the community. Sailing instructors who are employed by such Clubs would come within the Leisure Attendant classification of the RLC Award.

Pursuant to clause 3 of the RLC Award, “club” means:

“any club which is registered and licensed under the provisions of relevant State or Commonwealth Statutes (Liquor and/or Gaming Acts, Associations’ Incorporation Acts or Corporations Acts) and which is established and operates on a not-for-profit basis for the benefit of members and the community”.

Click here to access the RLC Award.

2. Engagement of RLC Award covered Instructors

Where sailing instructors are RLC award covered the employing Club will need to ensure that it engages and remunerates it employees in accordance with the applicable award, unless the application of the award is validly varied. The application of an award may be varied either so that the award no longer applies at all or in part. The employing Club may vary the way in which certain clauses of the applicable award apply by:

(a) entering into an “individual flexibility agreement” with each award-covered employee in accordance with the requirements of the applicable award;

(b) entering into a common law offset agreement, whereby an all-up rate is paid in lieu of paying individual award entitlements, with any over-award payments capable of being relied upon to offset any claim for individual award payments.

3. Award-free instructors

M+K Lawyers advised that the Sporting Organisations (SO) Award 2010, the Fitness Industry Award 2010 and the Miscellaneous Award do not apply to those Clubs who are not covered by the RLC Award. Where sailing instructors employed by those Clubs are not covered by these Modern Awards, they will be Award-free.

4. Engagement of ‘Award-free’ Instructors

Where sailing instructors are “award free”, their minimum terms and conditions will continue to be governed by the Fair Work Act. In particular:

(a) they must be paid at or above the adult minimum wage (or junior if under the age of 21), plus a casual loading of 25% if applicable); and

(b) they must be provided with entitlements in accordance with the National Employment Standards under the Fair Work Act.

Further information about minimum wages can be found by clicking here. The National Employment Standards document is also available on the Fair Work Australia website.

Page updated: January 2016