Fair Work Ombudsman v Pocomwell Ltd [2013] FCA 250; [2013] FCA 1139

Abstract

This was a decision of the Federal court in Australia which the Ombudsman has not appealed.It involved jurisdictional issues relating to whether two off shore oil rigs flying flags of foreign states in Australia's exclusive economic zone were subject to the jurisdiction of the Australian Fair work Act (cwth).My clients were the first and second respondents, who employed Phillipino sailors, whose wage payments were below the Australian minimum wage but fully approved by the Phillipino government which provides over one third of the world's overseas seafarers.The case also examined whether the semi submersible oil rigs were 'fixe platforms"for the purpose of the Fair work act and whether the court had jurisdiction given the provisonsof the 1982 United Nations convention on the law of the seas.