Division Description Changes — Bills — Migration Amendment (Offshore Resources Activity) Repeal Bill 2014; Second Reading — 26th May 2014

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representatives vote 2014-05-26#3 Edited by system on 2014-10-07 16:21:44	Title Description The majority voted in favour of a [http://www.openaustralia.org/debate/?id=2014-05-26.124.1 motion] to read the bill for a second time.(Read more about the stages that a bill must pass through when becoming law [http://www.peo.gov.au/learning/fact-sheets/making-a-law.html here]. ) This means that the majority agree with the main idea of the bill and that the House can now discuss it in more detail. However, in this case, there was no further discussion and the House immediately agreed to a [http://www.openaustralia.org/debates/?id=2014-05-26.126.1 motion] to read the bill for a third time without further division.(Read more about why decisions such as this are made without formal division in our [http://publicwhip-test.openaustraliafoundation.org.au/faq.php#division-occur FAQ Section]. ) ~~''Background to the bill''~~ The bill was introduced to repeal the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5086 ''Migration Amendment (Offshore Resources Activity) Act 2013''] ('ORA Act') to remove the requirement for foreign workers to hold a visa when they participate in, or support, offshore resource activities taken to be in the [http://en.wikipedia.org/wiki/Australian_migration_zone migration zone].(Read more about this latest bill, the Migration Amendment (Offshore Resources Activity) Repeal Bill 2014, in its [http://parlinfo.aph.gov.au/parlInfo/download/legislation/billsdgs/3182181/upload_binary/3182181.pdf;fileType=application/pdf bills digest] (651 KB). Its explanatory memorandum is available [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5211 here].) Unless it is successfully repealed, this requirement will come into effect on 30 June 2014. The ORA Act was the Labor Government’s response to the Federal Court decision ''[http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2012/529.html?query= Allseas Construction SA v Minister for Immigration and Citizenship]'' () FCA 529 ('Allseas'). The majority voted in favour of a [motion](http://www.openaustralia.org/debate/?id=2014-05-26.124.1) to read the bill for a second time.(Read more about the stages that a bill must pass through when becoming law [here](http://www.peo.gov.au/learning/fact-sheets/making-a-law.html). ) This means that the majority agree with the main idea of the bill and that the House can now discuss it in more detail. However, in this case, there was no further discussion and the House immediately agreed to a [motion](http://www.openaustralia.org/debates/?id=2014-05-26.126.1) to read the bill for a third time without further division.(Read more about why decisions such as this are made without formal division in our [FAQ Section](http://publicwhip-rails.openaustraliafoundation.org.au/faq.php#division-occur). ) _Background to the bill_ The bill was introduced to repeal the [_Migration Amendment (Offshore Resources Activity) Act 2013_](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5086) ('ORA Act') to remove the requirement for foreign workers to hold a visa when they participate in, or support, offshore resource activities taken to be in the [migration zone](http://en.wikipedia.org/wiki/Australian_migration_zone).(Read more about this latest bill, the Migration Amendment (Offshore Resources Activity) Repeal Bill 2014, in its [bills digest](http://parlinfo.aph.gov.au/parlInfo/download/legislation/billsdgs/3182181/upload_binary/3182181.pdf;fileType=application/pdf) (651 KB). Its explanatory memorandum is available [here](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5211).) Unless it is successfully repealed, this requirement will come into effect on 30 June 2014. The ORA Act was the Labor Government’s response to the Federal Court decision _ [Allseas Construction SA v Minister for Immigration and Citizenship](http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2012/529.html?query=)_ () FCA 529 ('Allseas').
representatives vote 2014-05-26#3 Edited by system on 2014-10-07 16:16:59	Title Description The majority voted in favour of a [http://www.openaustralia.org/debate/?id=2014-05-26.124.1 motion] to read the bill for a second time.[1] This means that the majority agree with the main idea of the bill and that the House can now discuss it in more detail. However, in this case, there was no further discussion and the House immediately agreed to a [http://www.openaustralia.org/debates/?id=2014-05-26.126.1 motion] to read the bill for a third time without further division.[2] The majority voted in favour of a [http://www.openaustralia.org/debate/?id=2014-05-26.124.1 motion] to read the bill for a second time.(Read more about the stages that a bill must pass through when becoming law [http://www.peo.gov.au/learning/fact-sheets/making-a-law.html here]. ) This means that the majority agree with the main idea of the bill and that the House can now discuss it in more detail. However, in this case, there was no further discussion and the House immediately agreed to a [http://www.openaustralia.org/debates/?id=2014-05-26.126.1 motion] to read the bill for a third time without further division.(Read more about why decisions such as this are made without formal division in our [http://publicwhip-test.openaustraliafoundation.org.au/faq.php#division-occur FAQ Section]. ) ''Background to the bill'' The bill was introduced to repeal the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5086 ''Migration Amendment (Offshore Resources Activity) Act 2013''] ('ORA Act') to remove the requirement for foreign workers to hold a visa when they participate in, or support, offshore resource activities taken to be in the [http://en.wikipedia.org/wiki/Australian_migration_zone migration zone].[3] Unless it is successfully repealed, this requirement will come into effect on 30 June 2014. The bill was introduced to repeal the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5086 ''Migration Amendment (Offshore Resources Activity) Act 2013''] ('ORA Act') to remove the requirement for foreign workers to hold a visa when they participate in, or support, offshore resource activities taken to be in the [http://en.wikipedia.org/wiki/Australian_migration_zone migration zone].(Read more about this latest bill, the Migration Amendment (Offshore Resources Activity) Repeal Bill 2014, in its [http://parlinfo.aph.gov.au/parlInfo/download/legislation/billsdgs/3182181/upload_binary/3182181.pdf;fileType=application/pdf bills digest] (651 KB). Its explanatory memorandum is available [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5211 here].) Unless it is successfully repealed, this requirement will come into effect on 30 June 2014. The ORA Act was the Labor Government’s response to the Federal Court decision ''[http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2012/529.html?query= Allseas Construction SA v Minister for Immigration and Citizenship]'' [2012] FCA 529 ('Allseas'). ~~''References''~~ * [1] Read more about the stages that a bill must pass through when becoming law [http://www.peo.gov.au/learning/fact-sheets/making-a-law.html here]. * [2] Read more about why decisions such as this are made without formal division in our [http://publicwhip-test.openaustraliafoundation.org.au/faq.php#division-occur FAQ Section]. * [3] Read more about this latest bill, the Migration Amendment (Offshore Resources Activity) Repeal Bill 2014, in its [http://parlinfo.aph.gov.au/parlInfo/download/legislation/billsdgs/3182181/upload_binary/3182181.pdf;fileType=application/pdf bills digest] (651 KB). Its explanatory memorandum is available [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5211 here]. The ORA Act was the Labor Government’s response to the Federal Court decision ''[http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2012/529.html?query= Allseas Construction SA v Minister for Immigration and Citizenship]'' () FCA 529 ('Allseas').
representatives vote 2014-05-26#3 Edited by mackay staff on 2014-05-29 09:05:51	Title Description The majority voted in favour of a [http://www.openaustralia.org/debate/?id=2014-05-26.124.1 motion] to read the bill for a second time.[1] This means that the majority agree with the main idea of the bill and that the House can now discuss it in more detail. However, in this case, there was no further discussion and the House immediately agreed to a [http://www.openaustralia.org/debates/?id=2014-05-26.126.1 motion] to read the bill for a third time without further division.[2] ''Background to the bill'' The bill was introduced to repeal the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5086 Migration Amendment (Offshore Resources Activity) Act 2013] ('ORA Act') to remove the requirement for foreign workers to hold a visa when they participate in, or support, offshore resource activities taken to be in the [http://en.wikipedia.org/wiki/Australian_migration_zone migration zone].[3] Unless it is successfully repealed, this requirement will come into effect on 30 June 2014. The bill was introduced to repeal the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5086 ''Migration Amendment (Offshore Resources Activity) Act 2013''] ('ORA Act') to remove the requirement for foreign workers to hold a visa when they participate in, or support, offshore resource activities taken to be in the [http://en.wikipedia.org/wiki/Australian_migration_zone migration zone].[3] Unless it is successfully repealed, this requirement will come into effect on 30 June 2014. The ORA Act was the Labor Government’s response to the Federal Court decision ''[http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2012/529.html?query= Allseas Construction SA v Minister for Immigration and Citizenship]'' [2012] FCA 529 ('Allseas'). ''References'' * [1] Read more about the stages that a bill must pass through when becoming law [http://www.peo.gov.au/learning/fact-sheets/making-a-law.html here]. * [2] Read more about why decisions such as this are made without formal division in our [http://publicwhip-test.openaustraliafoundation.org.au/faq.php#division-occur FAQ Section]. * [3] Read more about this latest bill, the Migration Amendment (Offshore Resources Activity) Repeal Bill 2014, in its [http://parlinfo.aph.gov.au/parlInfo/download/legislation/billsdgs/3182181/upload_binary/3182181.pdf;fileType=application/pdf bills digest] (651 KB). Its explanatory memorandum is available [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5211 here].
representatives vote 2014-05-26#3 Edited by mackay staff on 2014-05-29 09:05:21	Title Description The majority voted in favour of a [http://www.openaustralia.org/debate/?id=2014-05-26.124.1 motion] to read the bill for a second time.[1] This means that the majority agree with the main idea of the bill and that the House can now discuss it in more detail. However, in this case, there was no further discussion and the House immediately agreed to a [http://www.openaustralia.org/debates/?id=2014-05-26.126.1 motion] to read the bill for a third time without further division.[2] ''Background to the bill'' The bill was introduced to repeal the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5086 Migration Amendment (Offshore Resources Activity) Act 2013] ('ORA Act') to remove the requirement for foreign workers to hold a visa when they participate in, or support, offshore resource activities taken to be in the [http://en.wikipedia.org/wiki/Australian_migration_zone migration zone].[3] Unless it is successfully repealed, this requirement will come into effect on 30 June 2014. The ORA Act was the Labor Government’s response to the Federal Court decision ''[http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2012/529.html?query= Allseas Construction SA v Minister for Immigration and Citizenship]'' [2012] FCA 529 ('Allseas'). ''References'' * [1] Read more about the stages that a bill must pass through when becoming law [http://www.peo.gov.au/learning/fact-sheets/making-a-law.html here]. * [2] Read more about why decisions such as this are made without formal division in our [http://publicwhip-test.openaustraliafoundation.org.au/faq.php#division-occur FAQ Section]. * [3] Read more about this latest bill, the Migration Amendment (Offshore Resources Activity) Repeal Bill 2014, in its [http://parlinfo.aph.gov.au/parlInfo/download/legislation/billsdgs/3182181/upload_binary/3182181.pdf;fileType=application/pdf bills digest] (651 KB). * [3] Read more about this latest bill, the Migration Amendment (Offshore Resources Activity) Repeal Bill 2014, in its [http://parlinfo.aph.gov.au/parlInfo/download/legislation/billsdgs/3182181/upload_binary/3182181.pdf;fileType=application/pdf bills digest] (651 KB). Its explanatory memorandum is available [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5211 here].
representatives vote 2014-05-26#3 Edited by mackay staff on 2014-05-29 09:04:28	Title Bills — Migration Amendment (Offshore Resources Activity) Repeal Bill 2014; Second Reading Migration Amendment (Offshore Resources Activity) Repeal Bill 2014 - Second Reading - Read a second time Description ~~<p class="speaker">Richard Marles</p>~~ <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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 loophole 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.</p> <p>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.</p> <p>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.</p> ~~<p class="speaker">Don Randall</p>~~ <p>I spoke on a similar bill to this when it was brought through the House previously and I am pleased to do so again. In speaking to the Migration Amendment (Offshore Resources Activity) Repeal Bill 2014, I need to make a few preliminary observations and then speak to the core of the bill.</p> <p>Basically, the bill looks to simplify what was going to become under Labor an extremely complex set of arrangements for those international maritime workers and businesses who sought to help build our nation's capacity in the resources sector for the benefit of all Australians. It seems to have become commonplace for coalition members such as myself to stand here and speak on bills which seek to clean up the mess left by Labor when it relates to migration—and, if I have time, I will go into that later.</p> <p>But I say at the outset I have raised this in my own party room and I have raised this in this House before: there is no conflict in my mind as to who should have jobs priority in Australia. It should be Australians. There is no conflict whatsoever. It is nondebatable. But the problem is that every now and again we find a specialised sector of the workforce where Australians do not have the qualifications required. When I have raised the issue previously—and you may recall my raising this, Mr Deputy Speaker—we found there are anomalies. We get the anomaly in a special skills set where you could have a welder, for example, who is quite capable of doing everyday welding and even some specialty welding, but when he is required to do special alloy welding, such as welding under the ocean with special rods, not everybody has that skill set readily available. I am sure that there are Australians that do have that skill, but they are not readily available and on the spot. I have made the point previously that where these shortfalls are occurring, it is the onus of the businesses and, dare I say, the governments of Australia, to make sure that Australians are upskilled so that they can do these jobs. There is not enough compulsion on those wanting to be involved in these sectors to make sure that they are value-adding to their workers so that they can take on specific projects. I make that caveat before I continue and say anything else in relation to this bill.</p> <p>What needs to be understood in relation to this bill—and the previous speaker, the member for Corio, raised this—was that in May 2012 the Federal Court precipitated this bill because they found that Allseas pipe-laying vessels and noncitizens working on these vessels were not within, or not working within, migration as defined by the Migration Act at the time when laying these pipes. That was an unusual set of circumstances and needed to be clarified and the court ruled that way.</p> <p>The Labor Party decided on a legislative response. The decision was in response to the action taken by Allseas against the Labor government after assertions were made that Allseas should be employing deckhands and crews on 457 visas. Normally, the Labor Party is railing against 457 visas, and we have seen the union ads about how terrible 457 visas are. As I said, Australians first—but if you cannot get an Australian you have to get the job done.</p> <p>The complication with this particular bill is that many of these people never came to the Australian shore. They did not even get to step foot on mainland Australia. They were coming on boats—for example, on transport rigs or pipe-laying boats—that never actually entered the territorial zone of Australian waters. They were in the wider territorial zone, 200 kilometres out. And, dare I say, there is another technicality with people who flew into an international airport, like Broome—I understand that Karratha has the ability too—in that technically, they never actually set foot on Australian soil and they never had to provide a visa. They were picked up from the airport and flown out to the rigs or the barges. So it was an interesting complication and, correctly, it had to be dealt with.</p> <p>The original offshore resources activity migration bill to change this was rushed through the parliament in the dying days of the Gillard government. This bill was not introduced to meet an urgent and essential concern of the industry or government; it was introduced basically as a favour to their mates in the union, because they were anti anyone who was not a member of the union.</p> <p>In his dying days as the minister for immigration, the member for Gorton put this bill forward to facilitate a further union power grab on the offshore resources industry. We know that offshore at the moment we have all these demarcation disputes. We have Martin Ferguson, the former resources minister, railing against this big time, that it is un-Australian and it is hurting Australia. And, of course, they have turned on him now. The demarcation dispute is between the AWU, the MUA and the CFMEU. You have all this argy-bargy and trying to muscle in on the territory to make sure that they are all members of their unions. This is what this is about. This is not trying to resolve it; this is about a power grab for their particular union.</p> ~~<p>Why was it introduced on the 30th by the then Minister O'Connor, the member for Gorton, and not the then soon-to-be minister for immigration, the member for—Chris—</p>~~ ~~<p class="speaker">Jamie Briggs</p>~~ ~~<p>Bowen. McMahon.</p>~~ ~~<p class='motion-notice motion-notice-truncated'>Long debate text truncated.</p>~~ The majority voted in favour of a [http://www.openaustralia.org/debate/?id=2014-05-26.124.1 motion] to read the bill for a second time.[1] This means that the majority agree with the main idea of the bill and that the House can now discuss it in more detail. However, in this case, there was no further discussion and the House immediately agreed to a [http://www.openaustralia.org/debates/?id=2014-05-26.126.1 motion] to read the bill for a third time without further division.[2] ''Background to the bill'' The bill was introduced to repeal the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5086 Migration Amendment (Offshore Resources Activity) Act 2013] ('ORA Act') to remove the requirement for foreign workers to hold a visa when they participate in, or support, offshore resource activities taken to be in the [http://en.wikipedia.org/wiki/Australian_migration_zone migration zone].[3] Unless it is successfully repealed, this requirement will come into effect on 30 June 2014. The ORA Act was the Labor Government’s response to the Federal Court decision ''[http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2012/529.html?query= Allseas Construction SA v Minister for Immigration and Citizenship]'' [2012] FCA 529 ('Allseas'). ''References'' * [1] Read more about the stages that a bill must pass through when becoming law [http://www.peo.gov.au/learning/fact-sheets/making-a-law.html here]. * [2] Read more about why decisions such as this are made without formal division in our [http://publicwhip-test.openaustraliafoundation.org.au/faq.php#division-occur FAQ Section]. * [3] Read more about this latest bill, the Migration Amendment (Offshore Resources Activity) Repeal Bill 2014, in its [http://parlinfo.aph.gov.au/parlInfo/download/legislation/billsdgs/3182181/upload_binary/3182181.pdf;fileType=application/pdf bills digest] (651 KB).

Change

Division

representatives vote 2014-05-26#3

Edited by system

on 2014-10-07 16:21:44

Title

Description

The majority voted in favour of a [http://www.openaustralia.org/debate/?id=2014-05-26.124.1 motion] to read the bill for a second time.(Read more about the stages that a bill must pass through when becoming law [http://www.peo.gov.au/learning/fact-sheets/making-a-law.html here]. ) This means that the majority agree with the main idea of the bill and that the House can now discuss it in more detail. However, in this case, there was no further discussion and the House immediately agreed to a [http://www.openaustralia.org/debates/?id=2014-05-26.126.1 motion] to read the bill for a third time without further division.(Read more about why decisions such as this are made without formal division in our [http://publicwhip-test.openaustraliafoundation.org.au/faq.php#division-occur FAQ Section]. )
~~''Background to the bill''~~
The bill was introduced to repeal the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5086 ''Migration Amendment (Offshore Resources Activity) Act 2013''] ('ORA Act') to remove the requirement for foreign workers to hold a visa when they participate in, or support, offshore resource activities taken to be in the [http://en.wikipedia.org/wiki/Australian_migration_zone migration zone].(Read more about this latest bill, the Migration Amendment (Offshore Resources Activity) Repeal Bill 2014, in its [http://parlinfo.aph.gov.au/parlInfo/download/legislation/billsdgs/3182181/upload_binary/3182181.pdf;fileType=application/pdf bills digest] (651 KB). Its explanatory memorandum is available [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5211 here].) Unless it is successfully repealed, this requirement will come into effect on 30 June 2014.
The ORA Act was the Labor Government’s response to the Federal Court decision ''[http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2012/529.html?query= Allseas Construction SA v Minister for Immigration and Citizenship]'' () FCA 529 ('Allseas').
The majority voted in favour of a [motion](http://www.openaustralia.org/debate/?id=2014-05-26.124.1) to read the bill for a second time.(Read more about the stages that a bill must pass through when becoming law [here](http://www.peo.gov.au/learning/fact-sheets/making-a-law.html). ) This means that the majority agree with the main idea of the bill and that the House can now discuss it in more detail. However, in this case, there was no further discussion and the House immediately agreed to a [motion](http://www.openaustralia.org/debates/?id=2014-05-26.126.1) to read the bill for a third time without further division.(Read more about why decisions such as this are made without formal division in our [FAQ Section](http://publicwhip-rails.openaustraliafoundation.org.au/faq.php#division-occur). )
_Background to the bill_
The bill was introduced to repeal the [_Migration Amendment (Offshore Resources Activity) Act 2013_](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5086) ('ORA Act') to remove the requirement for foreign workers to hold a visa when they participate in, or support, offshore resource activities taken to be in the [migration zone](http://en.wikipedia.org/wiki/Australian_migration_zone).(Read more about this latest bill, the Migration Amendment (Offshore Resources Activity) Repeal Bill 2014, in its [bills digest](http://parlinfo.aph.gov.au/parlInfo/download/legislation/billsdgs/3182181/upload_binary/3182181.pdf;fileType=application/pdf) (651 KB). Its explanatory memorandum is available [here](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5211).) Unless it is successfully repealed, this requirement will come into effect on 30 June 2014.
The ORA Act was the Labor Government’s response to the Federal Court decision _ [Allseas Construction SA v Minister for Immigration and Citizenship](http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2012/529.html?query=)_ () FCA 529 ('Allseas').

representatives vote 2014-05-26#3

Edited by system

on 2014-10-07 16:16:59

Title

Description

The majority voted in favour of a [http://www.openaustralia.org/debate/?id=2014-05-26.124.1 motion] to read the bill for a second time.[1] This means that the majority agree with the main idea of the bill and that the House can now discuss it in more detail. However, in this case, there was no further discussion and the House immediately agreed to a [http://www.openaustralia.org/debates/?id=2014-05-26.126.1 motion] to read the bill for a third time without further division.[2]
The majority voted in favour of a [http://www.openaustralia.org/debate/?id=2014-05-26.124.1 motion] to read the bill for a second time.(Read more about the stages that a bill must pass through when becoming law [http://www.peo.gov.au/learning/fact-sheets/making-a-law.html here]. ) This means that the majority agree with the main idea of the bill and that the House can now discuss it in more detail. However, in this case, there was no further discussion and the House immediately agreed to a [http://www.openaustralia.org/debates/?id=2014-05-26.126.1 motion] to read the bill for a third time without further division.(Read more about why decisions such as this are made without formal division in our [http://publicwhip-test.openaustraliafoundation.org.au/faq.php#division-occur FAQ Section]. )
''Background to the bill''
The bill was introduced to repeal the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5086 ''Migration Amendment (Offshore Resources Activity) Act 2013''] ('ORA Act') to remove the requirement for foreign workers to hold a visa when they participate in, or support, offshore resource activities taken to be in the [http://en.wikipedia.org/wiki/Australian_migration_zone migration zone].[3] Unless it is successfully repealed, this requirement will come into effect on 30 June 2014.
The bill was introduced to repeal the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5086 ''Migration Amendment (Offshore Resources Activity) Act 2013''] ('ORA Act') to remove the requirement for foreign workers to hold a visa when they participate in, or support, offshore resource activities taken to be in the [http://en.wikipedia.org/wiki/Australian_migration_zone migration zone].(Read more about this latest bill, the Migration Amendment (Offshore Resources Activity) Repeal Bill 2014, in its [http://parlinfo.aph.gov.au/parlInfo/download/legislation/billsdgs/3182181/upload_binary/3182181.pdf;fileType=application/pdf bills digest] (651 KB). Its explanatory memorandum is available [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5211 here].) Unless it is successfully repealed, this requirement will come into effect on 30 June 2014.
The ORA Act was the Labor Government’s response to the Federal Court decision ''[http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2012/529.html?query= Allseas Construction SA v Minister for Immigration and Citizenship]'' [2012] FCA 529 ('Allseas').
~~''References''~~
* [1] Read more about the stages that a bill must pass through when becoming law [http://www.peo.gov.au/learning/fact-sheets/making-a-law.html here].
* [2] Read more about why decisions such as this are made without formal division in our [http://publicwhip-test.openaustraliafoundation.org.au/faq.php#division-occur FAQ Section].
* [3] Read more about this latest bill, the Migration Amendment (Offshore Resources Activity) Repeal Bill 2014, in its [http://parlinfo.aph.gov.au/parlInfo/download/legislation/billsdgs/3182181/upload_binary/3182181.pdf;fileType=application/pdf bills digest] (651 KB). Its explanatory memorandum is available [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5211 here].
The ORA Act was the Labor Government’s response to the Federal Court decision ''[http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2012/529.html?query= Allseas Construction SA v Minister for Immigration and Citizenship]'' () FCA 529 ('Allseas').

representatives vote 2014-05-26#3

Edited by mackay staff

on 2014-05-29 09:05:51

Title

Description

The majority voted in favour of a [http://www.openaustralia.org/debate/?id=2014-05-26.124.1 motion] to read the bill for a second time.[1] This means that the majority agree with the main idea of the bill and that the House can now discuss it in more detail. However, in this case, there was no further discussion and the House immediately agreed to a [http://www.openaustralia.org/debates/?id=2014-05-26.126.1 motion] to read the bill for a third time without further division.[2]
''Background to the bill''
The bill was introduced to repeal the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5086 Migration Amendment (Offshore Resources Activity) Act 2013] ('ORA Act') to remove the requirement for foreign workers to hold a visa when they participate in, or support, offshore resource activities taken to be in the [http://en.wikipedia.org/wiki/Australian_migration_zone migration zone].[3] Unless it is successfully repealed, this requirement will come into effect on 30 June 2014.
The bill was introduced to repeal the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5086 ''Migration Amendment (Offshore Resources Activity) Act 2013''] ('ORA Act') to remove the requirement for foreign workers to hold a visa when they participate in, or support, offshore resource activities taken to be in the [http://en.wikipedia.org/wiki/Australian_migration_zone migration zone].[3] Unless it is successfully repealed, this requirement will come into effect on 30 June 2014.
The ORA Act was the Labor Government’s response to the Federal Court decision ''[http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2012/529.html?query= Allseas Construction SA v Minister for Immigration and Citizenship]'' [2012] FCA 529 ('Allseas').
''References''
* [1] Read more about the stages that a bill must pass through when becoming law [http://www.peo.gov.au/learning/fact-sheets/making-a-law.html here].
* [2] Read more about why decisions such as this are made without formal division in our [http://publicwhip-test.openaustraliafoundation.org.au/faq.php#division-occur FAQ Section].
* [3] Read more about this latest bill, the Migration Amendment (Offshore Resources Activity) Repeal Bill 2014, in its [http://parlinfo.aph.gov.au/parlInfo/download/legislation/billsdgs/3182181/upload_binary/3182181.pdf;fileType=application/pdf bills digest] (651 KB). Its explanatory memorandum is available [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5211 here].

representatives vote 2014-05-26#3

Edited by mackay staff

on 2014-05-29 09:05:21

Title

Description

The majority voted in favour of a [http://www.openaustralia.org/debate/?id=2014-05-26.124.1 motion] to read the bill for a second time.[1] This means that the majority agree with the main idea of the bill and that the House can now discuss it in more detail. However, in this case, there was no further discussion and the House immediately agreed to a [http://www.openaustralia.org/debates/?id=2014-05-26.126.1 motion] to read the bill for a third time without further division.[2]
''Background to the bill''
The bill was introduced to repeal the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5086 Migration Amendment (Offshore Resources Activity) Act 2013] ('ORA Act') to remove the requirement for foreign workers to hold a visa when they participate in, or support, offshore resource activities taken to be in the [http://en.wikipedia.org/wiki/Australian_migration_zone migration zone].[3] Unless it is successfully repealed, this requirement will come into effect on 30 June 2014.
The ORA Act was the Labor Government’s response to the Federal Court decision ''[http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2012/529.html?query= Allseas Construction SA v Minister for Immigration and Citizenship]'' [2012] FCA 529 ('Allseas').
''References''
* [1] Read more about the stages that a bill must pass through when becoming law [http://www.peo.gov.au/learning/fact-sheets/making-a-law.html here].
* [2] Read more about why decisions such as this are made without formal division in our [http://publicwhip-test.openaustraliafoundation.org.au/faq.php#division-occur FAQ Section].
* [3] Read more about this latest bill, the Migration Amendment (Offshore Resources Activity) Repeal Bill 2014, in its [http://parlinfo.aph.gov.au/parlInfo/download/legislation/billsdgs/3182181/upload_binary/3182181.pdf;fileType=application/pdf bills digest] (651 KB).
* [3] Read more about this latest bill, the Migration Amendment (Offshore Resources Activity) Repeal Bill 2014, in its [http://parlinfo.aph.gov.au/parlInfo/download/legislation/billsdgs/3182181/upload_binary/3182181.pdf;fileType=application/pdf bills digest] (651 KB). Its explanatory memorandum is available [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5211 here].

representatives vote 2014-05-26#3

Edited by mackay staff

on 2014-05-29 09:04:28

Title

Bills — Migration Amendment (Offshore Resources Activity) Repeal Bill 2014; Second Reading
Migration Amendment (Offshore Resources Activity) Repeal Bill 2014 - Second Reading - Read a second time

Description

~~Richard Marles~~
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 loophole 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.
~~Don Randall~~
I spoke on a similar bill to this when it was brought through the House previously and I am pleased to do so again. In speaking to the Migration Amendment (Offshore Resources Activity) Repeal Bill 2014, I need to make a few preliminary observations and then speak to the core of the bill.
Basically, the bill looks to simplify what was going to become under Labor an extremely complex set of arrangements for those international maritime workers and businesses who sought to help build our nation's capacity in the resources sector for the benefit of all Australians. It seems to have become commonplace for coalition members such as myself to stand here and speak on bills which seek to clean up the mess left by Labor when it relates to migration—and, if I have time, I will go into that later.
But I say at the outset I have raised this in my own party room and I have raised this in this House before: there is no conflict in my mind as to who should have jobs priority in Australia. It should be Australians. There is no conflict whatsoever. It is nondebatable. But the problem is that every now and again we find a specialised sector of the workforce where Australians do not have the qualifications required. When I have raised the issue previously—and you may recall my raising this, Mr Deputy Speaker—we found there are anomalies. We get the anomaly in a special skills set where you could have a welder, for example, who is quite capable of doing everyday welding and even some specialty welding, but when he is required to do special alloy welding, such as welding under the ocean with special rods, not everybody has that skill set readily available. I am sure that there are Australians that do have that skill, but they are not readily available and on the spot. I have made the point previously that where these shortfalls are occurring, it is the onus of the businesses and, dare I say, the governments of Australia, to make sure that Australians are upskilled so that they can do these jobs. There is not enough compulsion on those wanting to be involved in these sectors to make sure that they are value-adding to their workers so that they can take on specific projects. I make that caveat before I continue and say anything else in relation to this bill.
What needs to be understood in relation to this bill—and the previous speaker, the member for Corio, raised this—was that in May 2012 the Federal Court precipitated this bill because they found that Allseas pipe-laying vessels and noncitizens working on these vessels were not within, or not working within, migration as defined by the Migration Act at the time when laying these pipes. That was an unusual set of circumstances and needed to be clarified and the court ruled that way.
The Labor Party decided on a legislative response. The decision was in response to the action taken by Allseas against the Labor government after assertions were made that Allseas should be employing deckhands and crews on 457 visas. Normally, the Labor Party is railing against 457 visas, and we have seen the union ads about how terrible 457 visas are. As I said, Australians first—but if you cannot get an Australian you have to get the job done.
The complication with this particular bill is that many of these people never came to the Australian shore. They did not even get to step foot on mainland Australia. They were coming on boats—for example, on transport rigs or pipe-laying boats—that never actually entered the territorial zone of Australian waters. They were in the wider territorial zone, 200 kilometres out. And, dare I say, there is another technicality with people who flew into an international airport, like Broome—I understand that Karratha has the ability too—in that technically, they never actually set foot on Australian soil and they never had to provide a visa. They were picked up from the airport and flown out to the rigs or the barges. So it was an interesting complication and, correctly, it had to be dealt with.
The original offshore resources activity migration bill to change this was rushed through the parliament in the dying days of the Gillard government. This bill was not introduced to meet an urgent and essential concern of the industry or government; it was introduced basically as a favour to their mates in the union, because they were anti anyone who was not a member of the union.
In his dying days as the minister for immigration, the member for Gorton put this bill forward to facilitate a further union power grab on the offshore resources industry. We know that offshore at the moment we have all these demarcation disputes. We have Martin Ferguson, the former resources minister, railing against this big time, that it is un-Australian and it is hurting Australia. And, of course, they have turned on him now. The demarcation dispute is between the AWU, the MUA and the CFMEU. You have all this argy-bargy and trying to muscle in on the territory to make sure that they are all members of their unions. This is what this is about. This is not trying to resolve it; this is about a power grab for their particular union.
~~Why was it introduced on the 30th by the then Minister O'Connor, the member for Gorton, and not the then soon-to-be minister for immigration, the member for—Chris—~~
~~Jamie Briggs~~
~~Bowen. McMahon.~~
~~Long debate text truncated.~~
The majority voted in favour of a [http://www.openaustralia.org/debate/?id=2014-05-26.124.1 motion] to read the bill for a second time.[1] This means that the majority agree with the main idea of the bill and that the House can now discuss it in more detail. However, in this case, there was no further discussion and the House immediately agreed to a [http://www.openaustralia.org/debates/?id=2014-05-26.126.1 motion] to read the bill for a third time without further division.[2]
''Background to the bill''
The bill was introduced to repeal the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5086 Migration Amendment (Offshore Resources Activity) Act 2013] ('ORA Act') to remove the requirement for foreign workers to hold a visa when they participate in, or support, offshore resource activities taken to be in the [http://en.wikipedia.org/wiki/Australian_migration_zone migration zone].[3] Unless it is successfully repealed, this requirement will come into effect on 30 June 2014.
The ORA Act was the Labor Government’s response to the Federal Court decision ''[http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2012/529.html?query= Allseas Construction SA v Minister for Immigration and Citizenship]'' [2012] FCA 529 ('Allseas').
''References''
* [1] Read more about the stages that a bill must pass through when becoming law [http://www.peo.gov.au/learning/fact-sheets/making-a-law.html here].
* [2] Read more about why decisions such as this are made without formal division in our [http://publicwhip-test.openaustraliafoundation.org.au/faq.php#division-occur FAQ Section].
* [3] Read more about this latest bill, the Migration Amendment (Offshore Resources Activity) Repeal Bill 2014, in its [http://parlinfo.aph.gov.au/parlInfo/download/legislation/billsdgs/3182181/upload_binary/3182181.pdf;fileType=application/pdf bills digest] (651 KB).