id 292142364 brief #amma index page 1 of 3 · pdf filethe inclusion of a new maritime crew...

OUTCOME:Government failed to

get the proposedchanges through the

Senate, so tookanother tack.

Australia's maritimeunions will pushahead with a legalchallenge after theAbbott governmentnullified a Senatedecision to disallowgovernmentregulations whichdetermined offshorework visas, reportsCAMERON BOGGSThe Maritime Union of Aus-tralia (MUA) and AustralianMines and Metals Association(AMMA) have been waging afight over the MigrationAmendment (Offshore Re-sources Activity) Repeal Bill2014 which came into forceon July 1.

The bone of contention isthe inclusion of a new MaritimeCrew (subclass 988) Visa class.

In fact, all maritime unions

•

por

- the MUA, the AustralianMaritime Officers Union(AMOU) and Australian In-stitute of Marine and PowerEngineers (AIMPE) - are op-posed to the new regulations.

Both sides were vociferouslyagainst their opponent's positionin the lead up before the Mi-gration Amendment (OffshoreResources Activity) Regulation2014 was put before the Senateon July 16, but with a petitionsigned by a few thousand sup-porters and backing of theGreens and the Palmer UnitedParry the regulations were dis-allowed with 35 ayes to 31 noes.

However job uncertainty inthe oil and gas industry, whichcurrently has $200bn of majorprojects either under construc-tion or in operation, did notlast longer than 24 hours beforethe situation had turned again.

On July 17, the assistantminister for immigration andborder protection SenatorMichaelia Cash issued a leg-islative instrument that effec-tively restored the situation to

t

that existing prior to June 29

- which was in place for theentire duration of the formerLabor government and elimi-nated the need for a visa forthose on board ships and othercraft not tethered to the Aus-tralian seabed.

The effect of the legislativeinstrument is as follows:• For offshore resources activ-

ities involving an Australianresources installation, fixedto the Australian seabed -such as a traditional oil rig -a non-citizen will be requiredto hold an appropriate workvisa, such a subclass 457 visa.A Maritime Crew Visa is onlyvalid for work as the crewon a ship.

• Other offshore resources ac-tivity, would not come withinthe migration zone and therewould be no visa require-ment.

Senator Cash said the sup-port of the Greens disallowancemotion resulted in a situationwhere a person who is not anAustralian citizen or permanentresident was in breach of theirtemporary visa conditions ifthey participated in or sup-

ported an offshore resourcesactivity.

"Labor senators capitulatedto the ideological demands ofthe most militant union in Aus-tralia in a move that plungedour domestic oil and gas industryinto an avoidable state of un-certainty," Senator Cash said.

"The coalition governmentunderstands the importance ofthis industry and the jobs itcreates for Australians andtherefore we have moved swift-ly to rectify the state of uncer-tainty deliberately created bythe disallowance motion."

In response, the AustralianCouncil of Trade Unions(ACTU) has condemned theAbbott government for what itperceives to be underhand meth-ods of circumventing the willof the parliament, after the Sen-ate "rightly disallowed the reg-ulation specifying that visa."

ACTU Secretary Dave Oliv-er said Senator Cash's use ofan 'obscure' legislative instru-ment to reverse the Senate'sdecision is a loophole beingused to exploit workers.

"It will allow overseas

Copyright Agency licensed copy(www.copyright.com.au)

Lloyds List DCN, Australia31 Jul 2014, by Cameron Boggs

General News, page 4 - 1,073.00 cm²National - circulation 3,500 (---T---)

ID 292142364 BRIEF #AMMA INDEX 1.2 PAGE 1 of 3

workers to work for up to threeyears straight in the oil andgas zone without a visa thathas Australian labour law asthe legal basis underpinningtheir wages and conditions,"Mr Oliver said.

"Not only will this under-hand move by the governmentcost jobs, it will cost millionsof dollars in taxation revenue,"he said.

"Seafarers and officers inthe offshore sector pay millionsof dollars in tax each year butmaritime crew visa holders arenot required to pay any tax inAustralia because of the natureof the visa."

In turn, the MUA has wel-comed endorsement by theACTU executive of their cam-paign to protect the jobs ofmembers in the offshore oiland gas sector.

In a statement on the MUA'swebsite, the ACTU acknowl-edged the role which theGreens, Palmer United Party,Democratic Labour Party, Aus-tralian Motoring EnthusiastParty and Labor senators playedin disallowing the regulations.

"This was the right decisionby the senators and any unin-tended consequences fal 1 square-ly on the government and theassistant minister for immigra-tion," the union body said.

Employment"The ACTU will continue

to support its affiliates in theoffshore oil and gas industryin their actions to have the de-cision of the government over-turned to enable the MigrationAmendment (Offshore Re-sources Activity) Act 2013 tooperate as it was intended - tosupport Australia's national se-curity, to provide protectionsthat encourage and facilitateAustralian participation andemployment in the offshoreoil and gas industry and to en-sure Australian laws apply tothese offshore projects."

It should be noted here thatthe bill was put forward by the

current government as it believedthe Migration Amendment (Off-shore Resources Activity) Act2013 (or the ORA Act) wasrushed through the former par-

liament under the previous gov-ernment despite serious concernsfrom industry.

The Gillard/Labor govern-ment had introduced the ORAAct in 2013 to clarify the statusof persons working in offshoremarine zones in response tothe case Allseas ConstructionSA v Minister for Immigrationand Citizenship [2012] FCA259 (Allseas).

In Allseas, the Federal Courtfound that pipe-laying vesselsand non-citizens working onthose vessels were not withinor working within the migrationzone as defined in section 5 ofthe Migration Act 1958. Thismeant anyone working onboard those vessels did not re-quire a visa.

On July 1, Labor's ORAAct extended Australia's mi-gration zone to include offshoreresource projects in interna-tional waters, effectively en-suring that workers participat-ing in or supporting an 'off-shore resources activity' weredeemed to be within the mi-gration zone.

This meant that all non-cit-izens engaged in an "offshore

resources activity" were re-quired to hold either a specificor permanent visa.

After winning the disal-lowance in the Senate, the unionsproposed a solution wherebythe government reintroduces aregulation which mentioned theother two types of visa - the457 and 400 - without the Mar-itime Crew Visa.

Before the Senate win waspulled away, MUA national sec-retary Paddy Crumlin toldLloyd's List Australia that theinclusion of a new visa classinto the regulation - to enableforeign crew to work on offshoreresource activity - removed theintent of the legislation.

International workers"This is a regulatory sleight

of hand and we strongly urgethe government to remove theregulation and resubmit it with-out this maritime crew visa -but keeping the 457 visa," saidMr Crumlin.

"Four five sevens have al-ways applied; they will continueto apply in the event that Aus-tralian workers are unavailable.

"No one is saying that there

shouldn't be an ability to haveinternational workers workingin that area - in the event thatAustralian workers are unavail-able or aren't competentlytrained - there is no issue there."

Yet, in the lead up the Senatedecision, the national resourceindustry employer groupAMMA said the AMOU andMUA were deliberately mis-representing the facts.

"No existing protections arebeing watered down by the reg-ulation the MUA is seeking tohave disallowed in the Senate.

In fact, if the regulationsstand, there will be more strin-gent regulation in place thanexisted previously," the AMMAhad said in a statement.

"Employers have no intentionof changing their mix of Aus-tralian and international c re w ingin this specialised sector as aresult of these visa changes."

AMMA executive directorScott Barklamb told LloydsList Australia the ORA Act wasan unnecessary piece of legis-lation the Gillard governmentpushed through before it leftoffice, and it was strongly op-posed by the industry.

"However, the Abbot gov-ernment made it work, did whatwas required under the legisla-tion and found a sensible fix -that is the making of the visathat Senator Cash introduced inMay," Mr Barklamb said.

'It was extremely concerningthat parliament overturned asensible and pragmatic approachto what Labour left the coalition.

"And then - as of July 16 -





we'd had an unnecessary pieceof legislation that had beenmade to work and it had therug pulled out from under itagain, with a far wider impactthan what anybody understood.

"The very real consequenceof the disallowance of the reg-ulation on July 16 was signif-icant uncertainty for workingpeople, families and employersright across the industry.

"And it is very welcomethat the government is able tostep in so quickly and take anaction to correct that.

"Thankfully within 24hours, a welcome and sensiblefix to an absolutely unnecessaryproblem was found."

RIGHT OR WRONG: MUA makes its case.





id 292142364 brief #amma index page 1 of 3 · pdf filethe inclusion of a new maritime crew...

Documents