THE proposed disallowance of an important offshore migration regulation lapsed with the dissolution of parliament on 8 May 2016 and will not be voted on during the current term of government.
Labor Senator Kim Carr had in April 2016 flagged his intention to move a motion to disallow the Migration Amendment (Offshore Resources Activity) Regulation 2015 on 2 May 2016. Had the disallowance motion been moved and had it then succeeded, it would have had extremely serious implications for AREEA members operating offshore.
It would have required companies with international employees working offshore on resource activities within Australia’s exclusive economic zone (EEZ) to put contingency plans in place and stand down those workers.
This would have been the case because the regulation that was flagged for disallowance specifies which visas can be used for work offshore (namely a 457 or a 400 visa is required for activities within the migration zone). Without that regulation in place, no lawful work could be performed on resources installations attached to Australia’s seabed under any visa purporting to bestow work rights, even a 457 visa.
However, due to AREEA highlighting those negative impacts to a range of political stakeholders, the disallowance motion was deferred until 9 May 2016, by which time Prime Minister Malcolm Turnbull had announced a federal election would be held on 2 July 2016. All proceedings before the current parliament, including any disallowance motions, lapsed at that point.
The regulation, which was put in place with an accompanying determination on 14 December 2015, might come up for disallowance again under the new parliament. However, this would not be expected to happen until August 2016 at the earliest.
In the meantime, the offshore migration requirements put in place by Minister for Immigration and Border Protection, Peter Dutton, on 14 December 2015 remain in place. For full details of those requirements, see the attached AREEA briefing paper.
For a more detailed policy briefing, or to be kept up to date on future developments in this area, please contact AREEA’s senior workplace policy adviser, Lisa Matthews, on (03) 6270 2256 or at [email protected].
