King v Melbourne Vicentre Swimming Club Inc [2021] FCAFC 123 (15 July 2021) (Collier, Katzmann and Jackson JJ)


Catchwords:


INDUSTRIAL LAW – appeal from decision on preliminary issue – primary judge found that swim coach appellant was not covered by Fitness Industry Award 2010 – principles of construction of industrial awards – appellant covered by award at Level 4 on proper construction – appeal allowed in respect of preliminary decision – balance of issues in proceeding remitted to primary judge for trial