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Cash invalidates legilsation
The Coalition has invalidated legislation deeming oil and gas projects to be within Australia’s migration zone, insisting the controversial move was necessary to restore certainty to the $200 billion offshore oil and gas sector.
In response to a Senate vote Wednesday night that blocked several visa categories for foreign oil and gas industry workers, Assistant Minister for Immigration and Border Protection Michaelia Cash issued a Legislative Instrument on Thursday to override the vote. The minister said that the controversial move was necessary to restore certainty to the $200 billion offshore oil and gas sector.
Labor’s legislation amended the Migration Act to ensure people working in an “offshore resources activity” were deemed to be in Australia’s migration zone. Therefore, foreign workers would have been required to hold an “offshore resources visa” or permanent visa.
Last Wednesday the Australian Senate voted to disallow a regulation that put foreign workers into three visa categories. That regulation, Migration Amendment (Offshore Resources Activity) Regulation 2014, was intended to quash a more restrictive law put in place by the previous government that would have required a new “offshore resources” visa for those workers. Both measures had effective dates of 30 June.
Following the disallowance vote, Assistant Minister for Immigration and Border Protection Michaelia Cash quickly issued Legislative Instrument IMMI 14/077 – Determination Subsection A(6) Migration Act 1958 to override the vote.
In a statement, she said the Legislative Instrument has the following effects:
• For offshore resources activities involving an Australian resources installation fixed to the Australian sea bed – such as a traditional oil rig – a non-citizen will be required to hold an appropriate work visa, such as a Subclass 457 visa. A Maritime Crew Visa is only valid for work as the crew of a ship.
• Other offshore resources activity falls outside the migration zone and, as such, is not subject to visa requirements.
“The Legislative Instrument effectively restores the situation that existed prior to 29 June 2014 – which was in place for the entire duration of the former Labor Governments,” Cash said.
The Legislative Instrument is to take effect immediately and sunsets on 1 October 2024. The instrument states that it is exempt from disallowance and that due to its urgency, it does not require consultation.
ACTU secretary Dave Oliver said today the Government’s underhand move would cost jobs and tax revenue.
“It’s a loophole being used to exploit workers. It was there to bring in Filipino, Indonesian seafarers not on Australian wages and conditions…It means foreign workers can be employed in Australian waters and be paid as little as $1,000 a month….It will allow overseas workers to work for up to three years straight in the oil and gas zone without a visa that has Australian labour law as the legal basis underpinning their wages and conditions.”
Greens deputy leader Adam Bandt said the minor party was seeking legal advice on the Coalition’s action. Maritime Union of Australia national secretary Paddy Crumlin said the union was also seeking legal advice
According to The Australian, a spokesman for Senator Cash said that the minister had made a “determination under section 9A (6) of the Migration Act 1958 to exempt certain activities from the definition of ‘offshore resources activity’ as prescribed by the Act.’’
“The Migration Amendment (Offshore Resources Activity) Act remains in place,’’ he said.
Senator Cash said the instrument was necessary because the ALP, at the “behest” of the Maritime Union of Australia, had knowingly placed thousands of Australian jobs at risk.
For offshore resources activities involving an Australian resources installation fixed to the Australian seabed — such as a traditional oil rig — a non-citizen will be required to hold an appropriate work visa, such a subclass 457 visa.
Senator Cash said a Maritime Crew Visa would only be valid for work as the crew of a ship.
She said other offshore resources activity would not come within the migration zone and there would be no visa requirement.
Immigration blog
Dear Michaelia Cash, I would like to propose a new visa to allow foreign politicians come into Australia and run our government as they will work for less than your current wage and require no benefits such as super, flights, hotel rooms/accommodation and expense cards. They will also not be required to pay taxes. This would save the government millions of dollars per year and seems to be valid as there seems to be a skills shortage in your industry. I will put my vote through the senate and when democracy fails me, I will just go against what the majority of what Australia wants and change legislation to keep my international foreign backers happy, as I am sure that they will keep all their profits in Australia to make our economy stronger.
I am not against foreign workers as we need them to fill skill shortages, but when we have plenty of workers that are able to do the job, but out of a job, it makes me angry that the government could even do anything like this. Maybe training is a better answer to helping Australians mine these resources that all of the Australian public owns.