Circumnavigating offshore resources worker visas—understanding the opportunities and challenges

Abstract

On 29 June 2013, the Australian government amended the Migration Act 1958 to extend the definition of the migration zone and prospectively introduce a new visa pathway specific to offshore resources activities. The amendment required all foreign workers participating in or supporting an offshore resources activity in the maritime zone to hold a visa with effect from 30 June 2014. After consultation with stakeholders, the present government introduced migration regulations on 30 June 2014, prescribing three types of temporary work visas that foreign workers can hold to lawfully participate in or support an offshore resources activity. The government relied on the existing visa regime, including the subclass 988 Maritime Crew visa. On 16 July 2014, the senate disallowed these regulations. To restore certainty to the offshore resources industry, the Assistant Minister for Immigration and Border Protection issued a determination on 17 July 2014, effectively removing offshore resources activities from the scope of the Migration Act 1958, therefore enabling foreigners to perform such activities without a visa. The Maritime Union of Australia and the Australian Maritime Officers Union are challenging the decision in the Full Federal Court. The appeals will be heard together in Sydney, during February and March 2015. The author will discuss the latest insights into the visa framework and the direction of this issue as parties strive for differing outcomes. The ongoing uncertainty concerns employers who seek clarity of this issue to meet workforce planning and supply chain management priorities.