Allseas Construction and the Migration Act

23 April 2012

The Dean, Professor Gillian Triggs comments on The Federal Court case concerning Swiss contractor Allseas Construction and whether it breached the Migration Act by employing foreign workers on tourist and business, instead of 457, visas.

In a report for ABC TV's Lateline, Professor Triggs explains how the Federal Court in Perth must decide if overseas workers on board three ships off WA's coast are illegally working in Australian waters.

"The crux of the legal problem is whether workers from other countries should be working within Australian territorial waters and continental shelf areas without a visa technically the 457 visa, which would entitle them to certain wages and conditions," Professor Triggs asserts.

"I think it is a very significant matter for the court to determine both as a technical question, is this really a resource installation, a resource matter in Australian territory and therefore should be properly subject to Australian law and working conditions, versus the need to encourage capital investment in Australia in the resources industry."

View the transcript and footage - Foreign worker visas on trial in Allseas case - ABC TV's Lateline

Contact: Greg Sherington

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