In a significant development for the oil and gas industry, the
Federal Court of Australia recently provided a declaration that
foreign workers onboard vessels owned by Swiss contractor Allseas
Construction S.A. (Allseas) were deemed not to be within
Australia's 'migration zone' defined by section 5 of
the Migration Act 1958 (Cth) (Act) and therefore not
required to hold relevant working visas: Allseas Construction
S.A. v Minister for Immigration and Citizenship [2010] FCA 529
(Allseas Decision).
Further implications of the decision are that Australian labour
laws do not apply to the Allseas foreign workers.
Background
Allseas holds an Engineering Procurement Construction
Installation Pipeline contract with Chevron Australia. The contract
requires Allseas to undertake various pipe-laying activities
throughout the Gorgon and Jantz gasfields off the North West of
Western Australia. The Gorgon and Jantz gasfields are within the
definition of an Australian 'seabed'
