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QLD Discrimination by Gym/Fitness Club?

Discussion in 'Australian Consumer Law Forum' started by rockylady1970, 25 July 2014.

  1. rockylady1970

    rockylady1970 Member

    25 July 2014
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    I work as a trainee for a fitness club opening up in town, but is not open as yet, and won't be for about 3-4 weeks. Due to this I approached the other facilities to get a one month gym membership so I could train until we open, purely for personal use. At first I told all details for membership, but once they found out where I work, as it would be classed competition for them, they have denied me membership due to where I work.

    I understand that it was a conflict of interest, and would of happily signed paperwork saying it was for personal use, that I would not discuss my employment, etc. whilst in their gym if they needed, but this was not even discussed. I was just told no they won't let me join .

    To me that is discrimination, being denied based on where I work. The reason I am so surprised is because I know of so many other fitness industry people who train at various gyms without any problems. I'm the only one I know of who has been denied.

    Can someone tell me if this is discrimination under the Australian Consumer Law? My boss says it is, that we can't deny anyone access to the gym, unless it is due to payment of membership issues, which is not the case. If they didn't know I worked where I do, I would have been signed up and using their facilities.

    Thanks for your help
  2. John R

    John R Well-Known Member

    14 April 2014
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    Hi @rockylady1970
    1. A gym membership can have terms in their agreement to reject/prohibit someone that works for a competitor and/or anyone else "at management's discretion, etc." assuming that the rejection doesn't breach anti-discrimination laws.
    2. In your situation, it appears that you haven't been discriminated against because of race, religion, etc. so you may consider training at home or in another suburb until your new employer's gym opens.
    Hope this helps.
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    DennisD likes this.
  3. DennisD

    DennisD Well-Known Member

    11 July 2014
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    Hi rockylady

    Understand your frustration, however I agree entirely with JohnR's comments. In general a supplier can refuse to supply services, but cannot do so on certain grounds (eg, racial/religious discrimination). Maybe look for another workout place until the new gym opens

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