Richard Marles (Corio, Australian Labor Party, Shadow Minister for Immigration and Border Protection) Share this | Hansard source

I rise to oppose the Migration Amendment (Offshore Resources Activity) Repeal Bill 2014. This bill seeks to repeal the Migration Amendment (Offshore Resources Activity) Act that was introduced by the Labor government only last year—2013.

The resources sector is an enormous part of Australia's prosperity. According to the Bureau of Resources and Energy Economics, at the end of October 2013 there were 63 projects at the committed stage, representing a combined value of $240 billion. According to the Australian Bureau of Statistics, there are 273,000 people employed in mining, oil and gas projects. So, given the size of this industry, it is essential that any move to regulate the environment that this industry operates within is done carefully. Firstly, regulation must take into account the safety and conditions of the persons working on these projects. Secondly, regulation must take into account the unique contribution that this industry makes to the Australian economy through the creation of jobs, trade and export value.

The Migration Amendment (Offshore Resources Activity) Act 2013, introduced by the then Labor government, sought to clarify the status of persons working in offshore marine zones, in response to the case Allseas Construction SA v Minister for Immigration and Citizenship [2012]. It is also known as the Allseas case. In Allseas, the Federal Court found that pipe-laying vessels and noncitizens working on those vessels were not within or working within the migration zone as defined under section 5 of the Migration Act 1958. This meant that workers on board those vessels did not require a visa.

The then Minister for Immigration and Citizenship, Chris Bowen, announced that the government would legislate to amend the Migration Act 1958 and clarify the situation regarding workers in Australia's offshore maritime zones by expanding the scope of the migration zone. The department then commenced a review and established the Migration Maritime Taskforce to inform the best way to address the situation. The Senate Legal and Constitutional Affairs Legislation Committee also examined the bill then, noting that it complied with Australia's obligations under the United Nations Convention on the Law of the Sea and recommended that it be passed

During each of these processes, extensive stakeholder engagement was conducted.

It is important to note that Labor's act is not due to commence until 30 June this year. This was to allow adequate time for further facilitation and stakeholder engagement regarding the specifically tailored visa pathway for offshore resource workers that was to be developed and was prescribed in the Migration Regulations 1994. Primarily, Labor's act sought to ensure that persons who participate in or support an 'offshore resources activity' are deemed to be in the migration zone, thereby requiring all noncitizens engaged in offshore resources activities to hold either a specific or permanent visa. At the time it was acknowledged that there was a need to strike a balance between encouraging investment in our offshore environments and the need to ensure that Australia's offshore jobs are regulated under Australian laws.

Labor's position on this has not changed. It is critical that Australia maintains a healthy investment environment in its offshore projects. This will not only make sure that the industry has ongoing viability, but also ensures that we maximise the capacity of these projects to employ the right people with the right skills. Winding back the Labor government's reforms will re-open a significant loop hole in Australia's ability to regulate the conditions of our offshore resources industry and to regulate the workers who are employed on these valuable national assets. This could lead to situations where those working on these projects are working under conditions that do not adhere to Australian standards. This in turn reduces work opportunities for Australian citizens and permanent residents and puts businesses that only engage workers who hold valid visas at a competitive disadvantage.

A return to the absence of a regulated visa scheme in offshore resources projects also poses potential security risks. In the absence of visa character tests, the government has no information on some of the workers engaged on these offshore projects. By repealing this legislation, this government is returning to a situation that undermines the integrity of Australia's migration framework. It is important that Australia maintains an approach to skilled migration that allows for flexibility to fill gaps in the labour market when there are no Australian workers to do the job.

However, the offshore resources sector is part of Australia's labour market. If there are Australians who are capable of doing the job, they should be employed to do it and under Australian safety standards, Australian wages and Australian conditions. This bill seeks to repeal the conditions and standards that Labor regards as vital to the ongoing success of our offshore resources industry, and it is for these reasons Labor is opposing this bill before the House.

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