The Abbott government’s move skirts the court’s decision granting special purpose visas to overseas workers, and means the government won’t have to appeal against the Federal Court ruling.
The Federal Court found Senator Cash does not have the regulatory power to exclude offshore workers from Labor laws enacted by the Gillard government.
The Senator used her powers in 2013 after the Senate blocked changes to the offshore worker legislation.
Senator Cash is trying the same tactic again, but on a narrower class of workers, primarily those on drilling rigs.
ICN sister publication Energy News is seeking a response from the Maritime Union of Australia, which launched last week’s successful legal challenge, and will again need to petition the courts to overturn the latest decision.
Greens MP Adam Bandt is understood to be looking into potential legal appeals and disallowing of the move in Parliament when it resumes for the Federal Budget in May.
The government says highly skilled overseas workers are needed to support the $200 billion oil and gas sector and the jobs of thousands of Australians, but the MUA says stripping workers of rights means low-paid workers will be hired in preference of local workers.
The industry argues the workers are highly skilled, and in the country for short periods only, and don’t require the same protections as locals.