Improving and Defending Divers Pay and Conditions

The Maritime Union of Australia (MUA) is the union that has coverage of offshore and inshore diving workers. In the offshore sector in particular, the union and its strong membership has secured excellent pay and conditions for many decades. The union also has an official on the ADAS Board, Thomas Mayo. Thomas is the MUA’s Assistant National Secretary and he represents divers interests in the standards, accessibility and application of diving qualifications and training.

As the lead organiser for divers in the MUA it has become clear that many Inshore Divers are being paid less than the minimum Award entitlements. As is seen across the maritime sector, Employers tend to put workers on flat rates, not taking into account the Modern Award that underpins the industry.

While there is nothing wrong with a flat rate or a day rate, the rate must ensure the employee is better off overall as compared to the Award. For example, under the Professional Diving Industry (Industrial) Award, a Casual Diver working on a Sunday should receive $81.58 per hour. If a diver is employed on a day rate of $600 for a 12-hour shift on Sunday and covered by the Award, then they would’ve been underpaid by $378.96 for that shift.

There are instances where diving companies are not paying allowances also. For example, the Award provides for a Depth allowance, Fares allowance, Travelling time allowance, clothing and equipment allowance, Meal allowance, NDT allowance, Protective clothing and safety equipment reimbursement and Safety footwear allowance. This all adds up.

It’s imperative that Divers invest time in understanding their rights and entitlements under Professional Diving Industry (Industrial) Award or the relevant Enterprise Agreement that covers their employment.

It is important that Divers are aware that when they accept a job with just a handshake deal as to what they will be paid, they may find that when they arrive on the job, the employer may pay them less than what was agreed verbally. When accepting any work with an Employer, it is advisable to secure a signed contract of employment before mobilising. Contracts, Awards and Enterprise Agreements are legislative documents and can be enforced at the Fair Work Commission or the Industrial Magistrates Court if the Employer is found to be underpaying.

Recent legislation passed by the Labor federal government has now criminalised intentional wage underpayments, which include penalties and imprisonment. The maximum penalties for committing each criminal underpayment offence are:

• For individuals: a term of imprisonment not more than 10 years and/or: if the underpayment amount can be calculated: the greater of 3 times the underpayment amount and $1.65 million.
• For corporate or commonwealth entities: if the underpayment amount can be calculated: the greater of 3 times the underpayment amount and $8.25 million; or– if the underpayment amount cannot be calculated: $8.25 million.

These new laws should go some way toward cleaning up the employment landscape and see employers start to do the right thing. But the greatest protection a diver can have is to learn their rights and entitlements and to join the MUA. We are the experts in negotiating pay and conditions in the industry, established in 1872, and it is the union’s strength that has succeeded in pursuing unpaid entitlements. The union also protects divers interests politically and industrially so that our industry never goes backwards.

If you believe you have been underpaid or are seeking any assistance in understanding the wages and conditions that apply to you get in touch with the MUA National office who can then direct you to the relevant organiser that covers the location where you work. Phone: 02 9267 9134 or Email: muano@mua.org.au

Visit the Maritime Union of Australia (MUA) website