The Federal Court has thrown out a challenge by the Maritime Union of Australia (MUA) to measures introduced by the Abbott Government making it easier for foreign workers to be employed on offshore oil and gas projects, reports the ABC.

The action by the MUA was in response to Senator Michaelia Cash’s move which invalidated legislation deeming oil and gas projects to be within Australia’s migration zone. Senator  Cash said the controversial move was necessary to restore certainty to the $200 billion offshore oil and gas sector.

The MUA claimed in court the Federal Government did not have the power to use the legislative instrument in that way. However, the Federal Court has dismissed the legal challenge. It did not find the use of the legislative instrument invalid.

Speaking to the ABC, AMMA chief executive Steve Knott said the court case had been the latest attempt by maritime unions to gain control over an industry that historically operated outside their traditional coverage.

Mr Knott said the ruling gave certainty to both Australian and non-Australian workers in the offshore resource industry.

"The offshore resource sector uses a very small number of non-Australian specialists, but has created 70,000 jobs in Australia and injected $200 billion into our economy...It is well beyond time that some sensibility is restored in this area and Australia's oil and gas operators can get on with creating jobs and economic value for our country" said Mr Knott.

MUA national secretary Paddy Crumlin said unions would continue their campaign to protect Australian jobs.

"The majority of Australian Senators voted to disallow the Abbott Government's attempts to open the floodgates to foreign workers in the offshore oil and gas sector," he said.

"That's before the decision was steamrolled by Michaelia Cash.

Senator Cash’s Legislative Instrument IMMI 14/077 – Determination Subsection A(6) Migration Act 1958 which invalidated the legislation 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.