"Workers allege underpayment on Ningaloo Reef tour boats", 1 February 2026

A growing number of workers at several Ningaloo Reef tour operators say they were underpaid and overworked in the seasonal roles that prop up the tourist hotspot.

As companies recruit new staff ahead of the peak winter months, some workers are calling for an investigation into the closely knit industry worth tens of millions of dollars…

But Mr Priscott said he was paid "far below the minimum wage" and missed out on $4,000, plus superannuation, during his time as a dive instructor…

His former employer, Dive Ningaloo, denies the allegations of underpayment.

…, the company said it was not aware of any wrongdoing, and was "extremely disappointed that [Mr Priscott] did not raise the matter" before leaving Exmouth.

Legal questions

Central to Mr Priscott's claims is the legal distinction between independent contractors and employees.

Independent contractors often negotiate their own fees and arrangements, such as working for multiple clients.

They do not have the same rights as employees and forego casual loading, overtime, superannuation and worker's compensation…

Mr Priscott claims he was wrongly treated by Dive Ningaloo as a contractor, when he was legally entitled to the benefits of a casual employee…

Company rejects claims

Mr Priscott has lodged a complaint with the ombudsman in a bid to recoup the thousands of dollars he believes he was underpaid during six months of work.

The regulator declined to comment.

Ultimately, the question of whether Mr Priscott is entitled to the claimed payment will hinge on whether he should have been classified as an employee – rather than a contractor – from the time he began working for them.

In response to questions …, Dive Ningaloo said its instructors often began as contractors and were converted to casual employee status within three months.

By July 2025, Mr Priscott too was onboarded as a casual employee and his superannuation paid from then on.

The company said it initially engaged staff as contractors, so staff could claim tax benefits they would otherwise not qualify for.

… Dr Riley Munton said, in her opinion, Mr Priscott's contract bore several hallmarks of the latter, despite the fact it referred to him as a contractor.

The document asked he be available at fixed start and finish times, purchase and wear a Dive Ningaloo uniform, and not take work at other companies.

"One judge in our system many years ago said you can't decide to call a rooster a duck and thereby turn it into a duck," Dr Riley Munton said…

Staff allege they were underpaid, overworked

Other workers in Exmouth have come forward with allegations of underpayment at multiple companies, including some of those behind its famous whale shark experiences.

… One whale shark guide and photographer, who spoke on the condition of anonymity, said she worked 10 to 12 hours a day for $250, despite being a casual employee.

"We were never offered any extra compensation for longer days or even public holidays or weekends," she said…