The effect of the Federal Court of Australia’s in Maritime Union of Australia decision ‘[2014] FCA 993 (15 September 2014)’ is that non-citizens working on offshore projects fall outside the operation of the Migration Act 1958 (Cth) (Migration Act) and do not need visas to take part in such activity. Relevant employees will also not be covered by the Fair Work Act 2009 (Cth). A previous, consistent finding: Allseas Construction SA [2012]FCA 529 (Allseas); had been met by the Migration Amendment (Offshore Resources Activity) Act 2013 (Cth) on 29 June 2014 and the Migration Amendment (Offshore Resources Activity) Regulation 2014 (Cth) (Regulation) 29 May 2014.  However, the Senate disallowed the Regulation on 16 July 2014 (PUP and two minor party senators voting with Labor and the Greens for disallowance). Anomalies raised by the disallowance may be resolved with the passage of the Migration Amendment (Offshore Resources Activity) Repeal Bill 2014.

This information is not a substitute for legal advice and should not be relied upon without further advice from a registered migration agent.

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