Troubled waters: Uncertainty still surrounds foreign workers involved in offshore resources activities

The legal rollercoaster involving the status of foreign workers employed in the Australian offshore resources support sector continues.

The recent decision of the Full Court of the Federal Court of Australia in Australian Maritime Officers' Union v Assistant Minister for Immigration and Border Protection has not brought an end to the debate over whether non-citizens working to support offshore projects are exempt from holding work visas and from the application of Australian employment conditions. Instead, the Minister has put in place interim measure to bypass the effects of that decision.

The position of foreign workers employed on an offshore resources installation is settled – as they are working on an installation that is attached to Australia's sea bed, they are required to hold work visas and subject to Australian employment conditions.