FITREC CITES FAIR WORK OMBUDSMAN ADVICE IN ONGOING BATTLE OVER REGISTRATION OF INDUSTRY PROFESSIONALS
Highlighting advice that says "employees should not need to spend money in order to secure employment", the for-profit registration body is suggesting that Fitness Australia and Physical Activity Australia (PAA)'s registration schemes are a way of forcing "an employee to buy fitness registration".
The body makes no mentions of occupations, vocations and professions that require minimum qualification and registration in order to be employed, or of the professional indemnity and public liability insurance cover that professionals registered with Fitness Australia receive.
In a statement on its website, FITREC explains "we've had this question a few times recently.
"While we hold fitness registration in high regard – specifically, FITREC registration – we recognise it's not a legal requirement. All the same, can an employer force an employee to purchase registration?
"According to the Fair Work Ombudsman, this is a clear 'no'.
"A prospective employee can not be made to pay a fee – to anyone – in order to receive a job offer.
"An employee can not be made to pay a fee – to anyone – in order to keep their job.
"Obviously, if the employer is paying for it, that's cool. But in the interest of clarity, it can't then be garnishee from the employee's wage.
"General protections also exist that give employees the right to freedom of association. That is, who they register with, or if they register at all. To do otherwise is considered 'adverse action'."
FITREC then highlights key quotes from the Fair Work Ombudsman as follows:
Employees should not need to spend money in order to secure employment.
This applies to any of the employee’s or prospective employee’s money, not just the pay they get for working.
This means that an employer can’t:
• Ask a prospective employee to pay money just to receive a job offer
• Ask employees to pay money to keep their job
• Pay the employee the correct pay rate and then make them give some of it back.
Clarification from FITREC founder and Managing Director, Dennis Hosking
FITREC founder and Managing Director, Dennis Hosking has commented “a reference to an 'ongoing dispute' between FITREC and alternative registration bodies is incorrect. FITREC has a very positive working relationship with PAA.
“Regarding Fitness Australia … the purpose is never been to denigrate Fitness Australia. I have only sought to provide a more balanced and informed viewpoint. If my promotion of 'best practice' is at odds with the operations of Fitness Australia, it is nothing to do with any alleged dispute.
“I made no suggestion at all that the 'registration schemes' of PAA and FA were a way of 'forcing an employee to buy the registration'. I do acknowledge that Fitness Australia has a business membership that requires employers to only employ FA registered professionals. This is what led our members to ask the questions that inspired the recent post.
“As to minimum qualifications, there is no legal minimum to work in the fitness industry. Professionals can be Cert III, degree qualified or internationally accredited. For this reason, FITREC focuses on transparency and accountability rather than the mandate of unenforceable rules.
“I would also like to clarify that, as with all registration providers, Fitness Australia registration does not include professional indemnity and public liability insurance cover. This is an additional expense for professionals. On this point, to the benefit of fitness professionals, FITREC does not take a commission from our insurance partners.
"We are the only registration provider to do this.”
Click here for more information. https://fitrec.org/page/can-an-employee-be-forced-to-purchase-registration
Source: EIN Presswire