The Right to Work Offshore: High Court Decision & ACTU Executive Endorsement

Published: 28 Aug 2016

The decision for the ongoing offshore visa case will be handed down by the High Court on Wednesday.

The MUA along with the AMOU, will be present at the court in Canberra at 10.15am for the decision and any members who wish to attend and can get there are welcome.

Deputy National Secretary Will Tracey said this decision was one of the most significant cases the MUA has prosecuted.

“It goes right to the core of our defence of the rights of Australian seafarers to continue to work in the Australian offshore oil and gas industry,” Tracey said.

More information on the ongoing dispute can be found here

Meanwhile in Darwin at the ACTU Executive he moved and spoke about a motion of support to develop a campaign to better cement the right for Australian seafarers to work in the offshore oil and gas industry.

The motion was seconded by Michele O’Neil, Secretary of the TCFUA.

The resolution reads as follows:

Offshore Disallowance Motion

The ACTU Executive condemns the Turnbull Government’s concerted campaign to remove offshore workers who work from in the offshore oil and gas industry from the Australian Migration Zone.

The Turnbull government’s actions will remove the industry from the applicable Australian labour and migration laws and in effect creates a lawless regime in the industry. Executive warns that these actions will result in the eventual exclusion of Australian workers from this industry and the destruction of thousands of Australian jobs. 

This situation is a direct result of Ministerial Determination “Determination IMMI 15/140” made with effect from 3 December 2015 had regulations attached to it. The relevant Regulation is Migration Amendment (Offshore Resources Activity) Regulation 2015. 

A notice of motion was lodged in the Senate by Senator Carr on Thursday March 17 to disallow the motion.  Under normal procedures the motion would be heard within 15 days. It was then withdrawn and due to the Turnbull government’s decision to dissolve the 44th Parliament for a double dissolution the motion was not debated.

The Executive notes that on May 2 Senator Carr publicly committed to proceed with the disallowance motion.

The ACTU calls on the Australian Labor Party to proceed with the Disallowance Motion in the opening sitting days of the 45th Parliament and for all senators to support the motion and protect Australian workers in the offshore oil and gas industry.



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Authorised by P Crumlin, Maritime Union of Australia, Sydney