Thursday, September 01, 2016

MUA – Maritime Unions Victorious in High Court Ruling

Posted by Ashleigh Telford on August 31, 2016

The Maritime Union of Australia (MUA)/Australian Maritime Officer’s Union (AMOU) have emerged as victorious in its ongoing battle against the Abbott/Turnbull Government and its obfuscation on visas in the offshore oil and gas sector.

The judgment determined that Australians have a right to work in their offshore industry and can be read in full here.

The combined maritime unions in 2014 took then Assistant Immigration Minister, Michaelia Cash, to the Federal Court after she used an obscure ‘legislative instrument’ to ignore the will of the Senate, which had disallowed Government regulations.

The issue has since been through the full Federal Court as well.


Speaking outside the High Court in Canberra, Deputy National Secretary Will Tracey said it was a great result.

"Today is a fantastic day that again has reinforced and confirmed our right to work in our industry," Tracey said. 

"The High Court has backed in the right for seafarers today and should also send a signal to the Australian Government, Michaelia Cash and Peter Dutton in particular, that they should listen to the will of the Senate, the Courts and the people." 

The court saw through the blatant skullduggery and legislative trickery the Abbott/Turnbull Government had used to ignore the Senate and the Federal Court.

“Unions watched the matter very closely because it was a blatant attack on Australians’ rights to work in their own country,” Crumlin said.

“The Turnbull Government’s use of a cynical and flawed legislative process undermines certainty and investment confidence in Australia's essential hydrocarbon industry.”

All five Judges on the bench found in the unions' favour. The unions' were also awarded costs.

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