Tip:

When working out which award applies to an employee or business, you must first consider industry awards, then occupational awards. You can find out if an award is an industry award or an occupational award in the coverage clause.

If a business is covered by two or more awards, employees will be covered by the employer’s award that most aligns with the kind of work the employee is performing and the environment in which that work is performed.

If the employee can’t be covered by an industry or occupational award, then consider whether the Miscellaneous Award can apply.

The employee will only be award free if no award can apply.

Dive masters and instructors that work in the tourism industry usually:

• brief customers before dives
• instruct and supervise customers during dives
• ensure regulatory requirements are being followed
• maintain diving equipment and logs
• assist customers after dives
• deliver or assist with the delivery of certified diving courses.

Dive masters and instructors may also assist with bookings, enquiries and post-dive customer engagement, boat operation and serving food and drink to customers.

Some dive masters and instructors may also supervise other staff.

Award coverage for dive masters and instructors in the tourism industry will depend on:

• the industry or industries of their employer
• whether their employer offers overnight charters.

Industry coverage

Marine Tourism and Charter Vessels Award

The Marine Tourism and Charter Vessels Award covers businesses that operate water vessels to provide entertainment, tourism and recreational activities.

There are two categories of minimum rates in the award. The minimum rates that can apply to an employee depend on the nature of the employer’s business:

• rates for overnight charter employees apply to employees of a business that provides overnight accommodation for staff and guests
• rates for non-overnight charter employees apply to employees of a business that doesn’t provide overnight accommodation.

There aren’t any minimum rates for non-overnight dive master and dive instructor employees.

This means that the Marine Tourism and Charter Vessels Award can only cover dive masters and instructors who are overnight charter employees.

Tip:

An employee may be an overnight charter employee even if they only work on day trips.

This is because whether an employee is an overnight charter employee depends on whether the business provides overnight accommodation.

Example

Xenia works as a dive master for Coral See, a tour company that runs diving and snorkelling day tours, overnight cruises, and island day tours.

Coral See is covered by the Marine Tourism and Charter Vessels Award.

Xenia holds a dive master qualification and mainly leads diving day tours. She gives safety briefings, checks diving equipment, explains the dive site and is responsible for customer safety.

Xenia is covered by the Marine Tourism and Charter Vessels Award because she’s an overnight charter employee.

She can be classified as a dive master under the award.

Professional Diving (Recreational) Award

The Professional Diving (Recreational) Award covers dive masters and instructors working for businesses that provide underwater recreational diving activities for customers. This may also include transport to and from the activity by boat.

Some businesses may operate in both the marine tourism and charter vessels industry and the recreational diving industry, for example a company that runs day cruises and guided diving trips.

If a dive master or instructor is working for a business that is covered by both the Marine Tourism and Charter Vessels Award and the Professional Diving (Recreational) Award, they’ll be covered by the award that is most appropriate to:

• the work they perform, and
• the environment in which they normally perform that work.

Tip:

Where an employer only offers non-overnight charters and operates in the recreational diving industry, dive masters and instructors will generally be covered by the Professional Diving (Recreational) Award.

Example:

Cruz works as a dive instructor for Outer Shelfish Dives, a dive shop that runs snorkelling tours, dive tours and certified recreational dive courses.

The shop doesn’t provide any experiences that include overnight accommodation.

Outer Shelfish Dives employs dive instructors to run the courses and dive masters to lead the snorkelling and dive tours. The business also employs a crew to transport tour participants to the site by boat.

Cruz mainly teaches diving courses. Courses are run over several weekends and include theory, pool practice, and open water dives. Customers become certified divers once they complete the course.

Cruz is covered by the Professional Diving (Recreational) Award. He’s classified as a dive instructor.

Hospitality Award

Some businesses covered by the Hospitality Award, such as resorts, may employ dive masters and instructors.

Dive masters and instructors can be covered by the Hospitality Award if:

• the business offers underwater diving as a leisure activity solely for guests, and
• the business isn’t operating in the marine tourism and charter vessels industry or the recreational diving industry.

Dive masters and instructors covered by the Hospitality Award are classified as leisure attendants. Their level will depend on their duties and qualifications.

Example

Arthur works at the Petunia Whale Resort as a dive master. He’s employed directly by the resort.

Petunia Whale Resort is an island resort which offers diving and snorkelling activities to resort guests.

The Petunia Whale Resort is covered by the Hospitality Award.

Arthur’s duties are mainly to take guests to dive or snorkelling sites, help guests with their equipment, give safety briefings and lead the dive or snorkel tour.

Arthur doesn’t supervise other staff or organise the activity schedule.

Arthur is covered by the Hospitality Award because his employer is operating in the hospitality industry and there’s a classification that can cover his role.

He’s classified as a leisure attendant grade 2.

No industry coverage

Dive masters and instructors that aren’t covered by an industry award can be covered by the Miscellaneous Award.

The Miscellaneous Award doesn’t cover managerial or professional employees.

An employee may be considered a professional employee if their role requires a degree qualification.

Their classification will depend on their duties and qualifications.