Offshore worker visa requirements changes

The Maritime Union of Australia v Assistant Minister for Immigration and Border Protection [2015] FCAFC 45 decision examined visa requirements for work conducted by foreign workers in offshore resource activities.

The Federal Government has sought to exempt workers at Australian offshore resource facilities from the Fair Work Act 2009 (Cth).

A subsequent Ministerial determination and declaration has ruled that foreign workers engaged in offshore resource operations involving a resources installation that is part of Australia is considered to be outside Australia's "migration zone", meaning that they may not have to hold a work visa and may be exempt from the Fair Work Act industrial regime.